Page 42 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

because it helps the physician to become more comfortable

with the process and, because of their extensive experience,
defense attorneys can usually anticipate many of the questions

the plaintiff’s attorney will ask. Following the mock deposition,

the defense attorney will review the videotape with the
physician and provide a debriefing. As a whole, physicians are

not familiar with testifying, especially with a video camera
sitting a few inches away aimed at their face. Practice sessions

using a video camera help the physician to learn how to

present himself/herself in the most positive manner.

Just as the mock deposition was recorded, the real deposition
will likely also be videotaped. The entire video will not,

however, be played for the jury. From the hours-long
deposition, the plaintiff’s attorney is hoping to obtain only a few

moments of video that shows the defendant conceding the
error, being untruthful, and/or acting in a way that reflects

poorly on the physician’s character. The jurors will only be

shown a few short clips or snippets that the plaintiff’s attorney
feels are beneficial to his or her client’s case. These moments

may be shown to the jury during the trial on a large video

screen. Often, these clips or snippets, are taken out of context,
and while your defense attorney may be able to show the rest

of the video and/or explain the context, the damage may
already be done in the jurors’ minds. For this reason, the

physician must always keep his or her guard up and be
focused during the deposition.

Your defense attorney will instruct you regarding how to

present yourself during the deposition. This includes your
dress and your demeanor. Generally, the physician should

Page | 42