Page 40 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Deposition

A deposition is oral testimony by a party or witness given

under oath and taken prior to trial that can be used as

evidence at trial. The deposition of the defendant in a
malpractice lawsuit is the most significant part of the discovery

process. While malpractice cases can seldom be won as a
result of the deposition, they can easily be lost at this stage

if the defendant physician is unprepared.

Preparation for testifying at the deposition should be the same
as preparation for testifying at trial. The physician must be

willing to devote the time necessary to thoroughly prepare for

the deposition, which includes time working with defense
counsel and time spent working independently. Your medical

judgment and professional reputation are being attacked.
Devote the time to your case that it deserves.

Prior to meeting with defense counsel to prepare for the

deposition, the physician should review and be thoroughly
familiar with the medical record, especially as it relates to his

or her care of the plaintiff. The physician must be able to

articulate the standard of care in his or her community that
was applicable at the time he or she provided medical care to

the plaintiff; and, if the physician’s care differed from that

standard, he or she must be prepared to explain, in terms the
jury can understand, the reason(s) necessitating the medical

decisions made.

The physician should also review and familiarize
himself/herself with his/her interrogatory answers and

responses to request to produce. Plaintiffs’ attorneys like to use

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