Depositions are conducted by parties to a legal action to obtain information that cannot as readily be learned through written records or general investigation. During a deposition, the lawyer for one side orally questions a witness on the opposing side.
In a malpractice lawsuit, the parties to the litigation, that is the plaintiffs and the defendants, will have their depositions taken by the opposing lawyer. Others who may be called to deposition include plaintiffs, fact witnesses (such as subsequent treating clinicians), and-when permitted by the court-expert witnesses. Many more physicians and employees insured through the Controlled Risk Insurance Company (CRICO) are deposed as witnesses than as defendants.
During a deposition, each side learns facts from which it is able to make judgments about the arguments and evidence supporting the opponent's case. Testimony at the deposition can potentially weaken the defense of a case, lead to an early settlement, or even encourage the plaintiff to name additional defendants. On the other hand, a well-prepared witness who presents convincing testimony at deposition may cause the plaintiff to drop the lawsuit.
As a CRICO-insured clinician, you will receive support from your sponsor institution and CRICO/RMF for any work-related deposition. Your institutional risk manager, CRICO/RMF claim representative, and the attorney assigned to represent your interests will help you prepare for your deposition.
If you are a CRICO-insured clinician who has been notified to appear for deposition, contact your sponsoring institution's risk manager or CRICO/RMF's Claim Department (617.495.5100) for assistance, guidance, and (if necessary) legal representation. If you are being deposed as an expert on behalf of a CRICO-insured defendant, CRICO/RMF will arrange for legal representation on your behalf.
