How to prepare for deposition in medical malpractice defense

What you say and do after being accused of medical malpractice can make a profound difference in your case. If you take to social media, for example, and apologize for mistakes that you’ve made while practicing medicine, then the plaintiff is bound to discover and latch onto that evidence to support their claim. That’s why it’s imperative that you’re careful as you navigate your medical malpractice case. This includes knowing how to protect your interests in the event that you’re deposed.

The plaintiff’s goal during a deposition is to pin you down on key facts and statements, as well as identify your defense strategy. Your dispositional testimony can be used at trial, particularly if there’s an opening for the plaintiff to attack your credibility. Therefore, you have to adequately prepare for and competently navigate your deposition. Here are some tips for doing so:

• Anticipate the questions that the plaintiff will ask.
• Consider pressure points where your case is vulnerable.
• Rehearse your answers.
• Anticipate the plaintiff’s attorney trying to get under your skin.
• Practice careful listening so that you only answer the questions asked and don’t unnecessarily volunteer information.
• Gain a command of the medical records in question.
• Understand acceptable medical principals as they relate to the incident in question.
• Work closely with your attorney to prepare and perhaps even go through a mock deposition.

Don’t let a bad deposition ruin your medical malpractice defense

Depositions can be incredibly stressful. Yet, they’re often part of the legal process once medical malpractice has been alleged. And they can break your case, too, if you’re not careful. So, to protect your interests as fully as possible, consider discussing your deposition and the dynamics of your medical malpractice defense with your attorney.