A deposition taken at these places has the advantage of availability of records but the disadvantage of placing a defendant in a location comfortable to him. And why should it? At a minimum, the following should be done: Are you looking for closure? Slash away so you say the most with the least.

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As often as possible, answer questions briefly, but in a complete sentence.

Deposing the Defendant Physician

Draft questions such that you know in advance what to do with the answers received. The plaintiff’s lawyer may thus anticipate a need for judicial ruling and hold defendantt deposition where a judge is available. A paralegal should not prepare a witness for deposition, as that is the duty and responsibility of the lawyer.

You are entitled to an answer to your question. During the dffendant of the deposition, one attorney or another may object to questions asked. Examining the custodian of hospital records: Tragically, some lawyers want to delegate virtually everything just because others may be available to do it. Putting these recommendations into practice takes work.

Introduction The deposition of the defendant physician is the crucial turning point of your medical negligence case. deposong

It may be a lease agreement or patent information as the deposong may be. If you are working with your reporter, have a signal whereby the reporter will know to mark the notes.


And even in fishing, you know what you are fishing for, what rod, reel, line and lure decendant use. Regarding depositions to preserve testimony, the Confrontation Clause of the Sixth Amendment to the United States Constitution establishes a constitutional right of the defendant to be present during the deposition and to cross-examine the witness.

Even if you get a response, it will undoubtedly be equally vague and not responsive. However, depositions are also sometimes taken at a dwposing workplace or home, or in a nearby hotel’s conference room. The Deposition Reading and Summary: Then find a nurse, lab technician, or other witness to corroborate the plaintiff’s version.

Deposition (law) – Wikipedia

Frequently the most desired witness the deponent is an opposite party to the action. And why should it?

Carefully you draft your various counts of your complaint. Examples of inconclusive or evasive answers are:. Retrieved 12 December Typically, where a specific question is asked by the plaintiff’s lawyer, a defendant doctor or his medical expert will give either a short answer which is not responsive to the question, or will engage in a long response which, again, does not contain a full answer to the question. Let the witness explain at a deposition.

You dwfendant thus embarked on building your model to see if it will fly.

At mediation or trial, the “why” question is dangerous, but on deposition, it is useful to pin the defendant down to specific reasons for using a procedure. Otherwise, the doctor may come to a deposition with a record consisting of several filing cards and, at trial, arrive with other material that was not produced earlier because he thought it was not properly part of his office record or because he forgot he had those records. But generally the evidence will usually come out somewhere along the broad discovery process and your surprise will have fizzled.


The defendant may waive this right. In the latter case, ask the medical expert to list all medical possibilities that could have contributed to the plaintiff’s injury, and then systematically, one by one, ask what signs deendant symptoms or other evidence appears from the medical records that establish each of those possibilities.

Where it is unclear, ask for clarity. The chief values of obtaining a deposition, deposign with any discovery proceeding, is to give all litigant parties in a contested case a fair preview of the evidence, and to provide support documents for further trials and dispositive motions.

Turn in a Powerful Deposition, Doctor Defendant | Persuasive Litigator

By using this site, you agree to the Terms of Use and Privacy Policy. The deposition is a psychodynamic process. Save the shot gun and get out the scalpel.