Page 44 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

to the question, “Do you know what time it is?”, but they also

want to tell the plaintiff’s attorney how to build a clock.

Plaintiffs’ attorneys frequently ask hypotheticals that may or
may not be the circumstances under which the plaintiff

presented, in an effort to get the defendant to agree with their
position – phrases such as, ‘Wouldn’t you agree that…’, ‘Can

we agree…’, and ‘Hypothetically…’. If the hypothetical differs

from the facts of the case, politely offer an explanation as to
how the two differ. If a question is unclear, ask that it be

repeated or rephrased. Do not agree with the hypothetical

unless you are certain that you understand it and fully agree
with it.

If your defense attorney objects at any point during the

deposition, stop talking immediately and wait for the objection
to be made on the record. There is no judge at the deposition

which means that the objections will need to be ruled upon at
a later date. Wait for your attorney to instruct you before

responding following an objection.

Should you need to see a copy of the medical record to refresh
your memory before answering a question, ask to see the

record. It is better to review the record than to speculate and

be wrong. Similarly, if you are asked a specific question about
a document, ask to see it before responding.

Above all, be truthful. The plaintiff’s attorney’s primary goal is to

catch you in a lie or exaggeration. This is known as a ‘gotcha
moment’. Defense attorneys will tell you that they can usually

deal with bad facts, but if a defendant is caught in a lie, it is

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