Page 33 - FDCC Deposition Drills

Deposition Drills How to Teach Deposition Skills
Using Studies
An epidemiological study or a peer review article may be relevant to a case. They often are in drug and medical device and medical malpractice matters. Learning how to read, interpret and use them may prove crucial in a case.
EXPLANATION
Participants learn how to read, interpret and use studies and articles to question deponents.
EXERCISE
Find a study or peer review article used in a deposition. Explain to the participants
the contents of the study or article. Explain the concept of peer review, what goes into preparing and publishing a study or article, common biases in studies and articles, and how to use them to question a witness (which is typically an expert or treating physician). Have participants read the study or article and have them question you as if you are an expert or medical provider. Participants are encouraged to secure favorable facts and admissions through their questioning.
LESSONS LEARNED
One of the toughest depositions is that of an expert, and one of the toughest documents to use with which to examine a witness is a study or article. Some large firms have attorneys who are specialists whose primary task is to depose experts and use reports and studies to do so. This exercise should be used to provide participants an overview of the use of studies and articles and the basics of how to use them. Understanding the role of studies and articles and their role in a case helps lawyers better conduct case investigations and discovery.
A FEW QUESTIONS TO DISCUSS
What are the component parts of a study or peer review article?
What are basic statistical concepts necessary to understand and interpret studies? How can you use a study or peer review article to support your case, theme or story? How can you distinguish an unfavorable study or article?
How do you walk a witness through a study or article?
©2021 Federation of Defense & Corporate Counsel
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SECTION 03 USING EXHIBITS