Page 43 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

dress and act as if he/she were in the courtroom. No

expensive jewelry or other signs of wealth should be worn. The
image should be professional, knowledgeable, and caring.

The deposition is not an opportunity for the physician to try

and ‘one up’ the plaintiff’s attorney. Similarly, don’t be sarcastic
or try to be funny. These types of things do not translate well

on videotape. Do not come across as angry or hostile. Sparring

with the plaintiff’s attorney very rarely creates a positive image
of the physician in the jurors’ minds. They want to see

someone who is caring, compassionate, and competent –

someone they would like to see caring for themselves or their
families.

Because this is discovery, plaintiffs’ attorneys will ask a wide

range of questions relating to your background, education,
experience, and many questions that seem unrelated to the

lawsuit. Depositions are often a large “fishing expedition” by
the attorneys. Just because you are required to respond to a

wide variety of questions doesn’t necessarily mean that those
answers will be admissible in court. Do not try to anticipate

why the plaintiff’s attorney is asking the question he or she is

asking. Simply listen to the question, make sure you
understand it, and answer the question as succinctly and

accurately as possible. A classic example is if the plaintiff’s

attorney asks, “Do you know what time it is?” The answer is
not “2:30 pm”. The question requires a yes or no response, as

in “Yes, I know what time it is”. Make the attorney ask the
follow-up question, “What time is it?” Unfortunately, many

physicians are anxious to not only provide the time in response

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