Legal Question in Family Law in Maryland

Psychiatrist cross-examination

We are looking for sample questions to ask a psychiatrist who has recommended that Wife (we represent Husband) not work due to her diagnoses of depression and Adult ADD. We are seeking to refute the recommendation.


Asked on 9/07/04, 1:59 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Psychiatrist cross-examination

From the sound of it, you seek to defeat a claim for alimony (i.e., spousal support).

There are a many issues involved with this particular course of action. You should speak

to an attorney. I can be reached at (410) 799-9002 or by return e-mail.

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Answered on 9/07/04, 2:24 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Psychiatrist cross-examination

It is not clear whether you are an attorney representing the husband in the case, although that will be my assumption for purposes of this response.

Since you are asking about a case that is in active litigation, it would be irresponsible in the extreme to recommend specific cross-examination or deposition questions for a psychiatric expert witness without having an opportunity to review the file.

In general, when cross-examining the opposing party's medical expert witness, you would want to explore their educational and professional background, to determine the level of the expert's professional competence.

You would want to question the expert about the factual bases that the expert used to arrive at his/her opinion--what exams and tests were conducted? Interviews? What professional publications and texts, if any, did the expert rely on to reach his diagnoses?

Additional questions would attempt to explore how the expert arrived at the determination that the spouse should not work.

You would also want to ask questions concerning the prior relationship, if any, between the expert and the party, and with the party's attorney; as well as the compensation arrangement.

There are many, many other questions that should be asked, and crafted in a case-specific manner.

If you wish to contact me to discuss retaining my services in this matter, I can be reached at:

[email protected] or [email protected]

PHone: 973-605-8995

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Answered on 9/07/04, 3:07 pm


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