Medical malpractice cases are some of the most complex personal injury lawsuits. They involve highly technical evidence, expert witnesses, and detailed testimony about medical care. One of the key steps in building (and defending) a malpractice case is the deposition. If you’re involved in a medical malpractice claim, understanding what a deposition is and how it works can help you feel more prepared.
What Is a Deposition?
A deposition is a formal question-and-answer session conducted under oath, but outside of the courtroom.
It is part of the discovery process, where both sides gather evidence before trial. Attorneys use depositions to:
- Learn what witnesses know,
- Pin down testimony before trial,
- Test the credibility of the parties and experts, and
- Preserve testimony in case a witness cannot attend trial.
A court reporter records everything said during the deposition, creating a transcript that can be used later in court.
What Happens During a Deposition?
There are four main items that take place during a deposition. These are:
- Oath: The witness swears to tell the truth (the witnesses are usually the victim of the malpractice, the party alleged to have caused malpractice, and any experts that will testify at trial).
- Attorney questions: One attorney asks questions while the other attorney may object to protect the record.
- Cross-questioning: Opposing counsel may follow up with additional questions.
- Transcript preparation: A written record is made after the deposition that both sides can review and use at trial.
While it doesn’t happen in front of a judge, a deposition is still serious. Anything said can be used in court.
Who Gets Deposed in a Medical Malpractice Case?
In a malpractice case, many different people may be deposed, including:
- The plaintiff (the patient, or victim of the alleged malpractice, or surviving family member) to explain symptoms, treatment, and how the injury has affected their life.
- The defendant (doctor, nurse, or hospital staff) to clarify their decisions, actions, and adherence to medical standards.
- Expert witnesses who provide professional opinions about whether a provider’s care met accepted standards.
- Other witnesses who may include family members, caregivers, or anyone with relevant information about the patient’s condition.
Why Are Depositions So Important in Malpractice Cases?
Medical malpractice cases often turn on complex facts. Depositions help lock in testimony so a witness cannot easily change their story at trial. Depositions also expose inconsistencies in the medical provider’s account of what happened.
Further, these question and answer sessions allow attorneys to evaluate how credible and persuasive a witness may be before presenting them to a jury.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.