Page 57 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Review and re-review the medical record, especially your care.

Don’t assume that because you reviewed the record earlier for
your deposition that you will have total recall at trial. It is

different sitting in front of a jury in an unfamiliar forum.

In addition to familiarizing yourself with the record, go over
your deposition transcript multiple times. As will be discussed,

the plaintiff’s attorney on cross-examination will look for

inconsistencies between your deposition testimony and your
trial testimony. Most often these inconsistencies occur as a

result of a lack of preparation. If there are any corrections to

your deposition testimony that need to be explained to the jury,
ask your defense attorney during your preparation sessions

how best to address it.

Finally, discuss with your defense attorney how you should
communicate with the jury. First, present a humble yet caring

appearance. Generally, you should make eye contact with each
juror as you are telling your story. Use language that

laypersons can understand but don’t be condescending.
Control your mannerisms. Be confident, but not arrogant. Do

not be in a hurry to tell everything at one time – let the story

unfold as your defense attorney asks you questions. Speak to
the jury in the same manner as you would to a patient and

family members when delivering important medical

information. Let the jury see that you are the compassionate,
caring, and competent physician that you are.

After you have testified on direct, the plaintiff’s attorney will

cross-examine you. This is typically the most arduous part of

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