For Physicians. By Physicians.™
For Physicians. By Physicians.™
After all the answers to the medical malpractice complaint have been served by all parties to the lawsuit and filed with the court, the discovery begins. This is the formal process of exchanging information between the parties about the witnesses and evidence they’ll present at trial. It’s designed to prevent “trial by ambush,” where one side doesn’t learn of the other side’s evidence or witnesses until the trial, leaving no time to obtain answering evidence. So, in theory, each side knows what the other side’s evidence is before trial. Occasionally, however, surprises do arise at trial.
Perhaps the most crucial aspect in the defense of a medical malpractice lawsuit is the deposition of the defendant physician. The deposition is the first and best opportunity to directly influence the ultimate outcome of the case, as the majority of malpractice lawsuits are settled before trial. The deposition is a trial before the trial, but without a judge. This in turn allows each party to review the strengths and weaknesses of their opponent’s case. For this reason, it is essential that the physician involved is familiar with the deposition process and fully prepared to testify. Thorough preparation is key to lessening the anxiety that is part of the process. That preparation can transform the deposition from a harrowing process into one that solidifies the defense’s position. You will spend several hours reviewing all medical records, notes and entries in the chart. If your attorney prepares you adequately for your deposition, you will likely gain confidence and perform well. The importance of this preparation cannot be overstated, especially if this is your first time going through this process.
The next entry will describe the procedural aspects of a deposition.
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