Preparation and a pre-deposition meeting with your attorney are essential. The level and type of preparation will depend upon whether you are an expert, a consultant, a subsequent treating clinician, or a defendant. If you are to appear as an expert witness or a defendant, your preparation will be more extensive than if you are testifying as a fact witness about a patient's condition.
Health care providers with little or no exposure to depositions may be at a disadvantage when facing this process for the first time. Your preparation should cover three important subject areas: the treatment of the patient, the patient's follow-up care, and the relevant medical literature.
back to top
Ask your attorney whether or not you should review the medical records relative to the incident or care in question. You may be advised not to refresh your memory and to (honestly) testify that you do not recall certain facts. You should be familiar with the characteristics of your relationship with the patient, as well as any possible problems encountered in the past.
Do not alter the medical records in any way. Changes made to the record could be cited by the other side as an admission of guilt.
You are not expected to have memorized every detail of the record. During the deposition, you will be able to refer to the medical record if asked a specific question about it. If you are not able to look at the record, and you do not recall the information, your attorney will advise you to say that you do not recall.
Do not consult outside sources. You need not demonstrate your breadth of knowledge. The aim of a deposition is to ascertain what you know about why certain decisions were made at the time of the incident in question. If you are a defendant or fact witness, you will not be expected to speculate—and should refrain from doing so. Restrict your testimony to what you saw, heard, and did during the treatment of the patient.
Communication with your attorney is essential and privileged. Contents of your discussions cannot be obtained by opposing counsel. If you are named in the suit, ask your attorney what allegations have been made against you and on what factual basis. Your attorney may decide to obtain the plaintiff's deposition testimony first so you can review that testimony in preparation for your own deposition.
You may be advised to review certain medical records, obtained through the discovery process, in order to better acquaint you with any care the patient has received from other clinicians. In addition, be prepared to educate your attorney about critical medical aspects relative to your case.
In advance of your deposition, your attorney will schedule a conference to plan your defense and discuss the questioning process. In complex cases, several meetings may be needed. If you feel uncomfortable about any potential questions, or are aware of possible weaknesses in your case, discuss these concerns with your attorney. Inform your attorney of all relevant papers, notes, and conversations relating to the case. Discuss all the important information you recall during the pre-deposition meeting. Your attorney will be a more effective advocate if he or she is fully informed about the case.
