What Can a Medical Professional Expect in a Malpractice Deposition?
A deposition is a critical moment in any medical malpractice case. Unless your case settles early, a defendant will need to answer questions under oath in a deposition. This is an opportunity for the other side to uncover what you know, as well as try to lock in your testimony in preparation for trial. At Davis & Snyder Injury Attorneys, we work with clients to prepare them for their depositions. Although less formal than testimony in open court, a deposition still requires careful planning. Call our office if you are facing a malpractice claim.
Where and When a Deposition Takes Place
A deposition is usually taken several months before trial in a conference room at a law firm. The following people are present:
- Defendant
- Defense counsel
- Plaintiff’s attorneys
- Court reporter
- Representative from the defendant’s insurer (possibly)
Although a judge is not present, your lawyer will probably object to certain questions, just as they would in court in front of a judge. The objective is to preserve the objection for a judge to rule on in the future.
The Plaintiff’s Objective
A deposition serves several functions. One is to uncover information the plaintiff does not have. They will likely probe the clinical background of the case, including what you were thinking while treating a patient. Other focus areas include your educational background and professional training. The other side might also dig into sensitive areas, such as whether you have any drug addiction or past malpractice lawsuits.
You might find many questions invasive. Your lawyer can object to any question which is not relevant to the case. But you still must answer most of these questions.
The second purpose of a deposition is to lock in your testimony. For example, if you testify at trial, the plaintiff’s lawyer can use deposition testimony to impeach you, which would reduce your credibility.
Preparing for a Deposition
Defendants should spend time preparing for the deposition. This preparation can include reviewing critical patient records to ensure you understand the facts of the dispute. You should also work with a lawyer on answering questions properly:
- Avoid volunteering information which was not asked.
- Answer only the question the lawyer puts to you.
- Give your lawyer time to object if they think the question is irrelevant or inappropriate.
- Do not guess when answering and use appropriate qualifiers (“I think….”)
Some depositions get quite heated. They can drag on for hours, and some lawyers like to needle the witness to get under your skin. Maybe they think if you are frustrated then you’ll slip up and say something you shouldn’t.
Always tell your lawyer if you need a break. Some depositions last all day, especially when lawyers insist on asking about irrelevant subjects or engage in a fishing expedition.
Speak with a Greenville Medical Malpractice Defense Lawyer
Our firm has decades of combined experience defending medical professionals from malpractice claims. A deposition is an important tool in most cases, and we prepare our clients accordingly. Contact Davis & Snyder Injury Attorneys to schedule a private consultation with an experienced Greenville medical malpractice defense attorney.