Despite your best efforts at avoiding a lawsuit, one has been filed. Now begins the discovery phase of the litigation process, where the plaintiff and defense have an opportunity to test the strength of their cases by taking depositions and submitting evidence to be used at trial.
You will need a description of the event in question. It is important that your lawyer understands what has occurred in your own words. He or she is aware of what the strength of the plaintiff's case may be but they are interested in why you feel the charges against you are unjust and how convincing you are in your assertions.
During the initial meeting with your lawyer, an assessment will be made as to how you would fare as a defendant on the stand. Are you believable? Do you come across empathetic or self-righteous? Can you speak clearly and in a manner understandable to a lay person?
If you would like more information regarding the medical malpractice process, surgical peer review, deposition preparation or surgical case review, please email us at info@gartmd.com
Sunday, March 20, 2016
Thursday, March 3, 2016
Medical Malpractice: Deposition
Preparation
If you don't understand both why the plaintiff feel you breached a standard of care and his or her plan of attack, you might as well settle out of court. The deposition is an opportunity to bolster your defense, not the plaintiff's. The following is an excerpt of tips for a deposition from an article I published. Feel free to email me at info@gartmd.com for more information.
Review the medical record
Be familiar with the medical record, but more specifically memorize the circumstances and events that surround your particular unexpected outcome.
Be familiar with the medical literature pertinent to your case
Beat the plaintiff's lawyer to the punch. Know the medical literature that supports your actions, or provide a good reason why there is no supporting literature.
Know your own personal information
Very little will be off limits for questioning. Be prepared to answer personal questions.
Review other depositions
By reviewing other depositions pertaining to your case you will get a feel for the opposing lawyer's style and emphasis. Every attorney has their own way of setting up their questions to elicit a potentially lethal answer.
Go through a mock deposition
You should have your lawyer pepper you with the toughest questions he or she can think of. You need to be prepared to answer questions from a seasoned attorney.
During the deposition
Dress and act professionally, speak clearly, don't lose control, be brief, don't bring notes.....
The deposition is your last chance to state your case prior to trial!
Myles Gart, MD
For more information on The Deposition or other medical legal issues please visit GartMD.com or email me at info@GartMD.com
If you don't understand both why the plaintiff feel you breached a standard of care and his or her plan of attack, you might as well settle out of court. The deposition is an opportunity to bolster your defense, not the plaintiff's. The following is an excerpt of tips for a deposition from an article I published. Feel free to email me at info@gartmd.com for more information.
Review the medical record
Be familiar with the medical record, but more specifically memorize the circumstances and events that surround your particular unexpected outcome.
Be familiar with the medical literature pertinent to your case
Beat the plaintiff's lawyer to the punch. Know the medical literature that supports your actions, or provide a good reason why there is no supporting literature.
Know your own personal information
Very little will be off limits for questioning. Be prepared to answer personal questions.
Review other depositions
By reviewing other depositions pertaining to your case you will get a feel for the opposing lawyer's style and emphasis. Every attorney has their own way of setting up their questions to elicit a potentially lethal answer.
Go through a mock deposition
You should have your lawyer pepper you with the toughest questions he or she can think of. You need to be prepared to answer questions from a seasoned attorney.
During the deposition
Dress and act professionally, speak clearly, don't lose control, be brief, don't bring notes.....
The deposition is your last chance to state your case prior to trial!
Myles Gart, MD
For more information on The Deposition or other medical legal issues please visit GartMD.com or email me at info@GartMD.com
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