Medical Malpractice: Preparing for Trial

Your top priority during this period is to dissect all of the witnesses expected to testify during the trial. Read through all of the witness depositions and take specific notes regarding inaccuracies, embellishments, exaggerations, or out-and-out distortions. Focus specifically on how witness testimony might infer to a jury:
1. You breached the standard of care
2. your breach in the standard of care had a proximate relationship to the plaintiff's "unexpected" event
Your analysis will lead to detailed medical discussions regarding specific point in these depositions that will help your lawyer with how they will question these individuals during trial. You need to be an expert with your own deposition. In a nutshell, your testimony during the trial is predicated on your pre-trial deposition. It should be apparent to you that failure to anticipate the weaknesses in your deposition will lead to trouble when you are on the stand. You cannot prepare for every question when on the stand. if you are asked a question that catches you off guard, buy time with the following phases:
1. Can you please repeat the question?
2. Can you please rephrase the question?
Go through a mock trial with your attorney. This will enable you to:
1. Get a feel for the tempo and effect of a seasoned lawyer's questioning
2. Improve upon explaining yourself in lay terms.
3. Get critical feedback on how a jury may interpret your tone and body language.
4. Get to talk about your hobbies, your family, and the work you do for the community. The jury must view you not just as a physician.