The deposition is a psychodynamic process. The chief values of obtaining a deposition, as 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. Now that I dissected into its finite parts your approach to deposition planning and preparation, I must warn you not to be married to your outline. Then bring him back to where he was and try again. Each and every detail of the medical chart and medical records should be outlined, highlighted and organized in an impeccable manner. It was not until I second chaired a few trials and started trying my own that I began to understand what a deposition is really to be about and how it should be approached.
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Typically, where a deposin 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. What do we want to accomplish with this witness? The following information and checklist will be helpful in completing the defendant doctor’s deposition.
Deposing the Defendant Physician
Province of British Columbia. This can be done by direct attack; i.
Do not do this in an insulting, arrogant or argumentative tone however. You are the Trial Lawyer.
Turn in a Powerful Deposition, Doctor Defendant | Persuasive Litigator
But for a doctor who would much rather be back at work helping people instead of being grilled by a lawyer, it can be particularly galling. If he continues, ask him to explain why he tje not answer. Tragically, some lawyers want to delegate virtually everything just because others may be available to do thf.
Each suit has a defense, and it may be so unique that it cannot be countered at mediation or trial unless discovered in advance. Is there something else that you need to find out and you believe based on other discovery that it can be assisted through this witness?
Get in the habit of building your deposition notebooks early. Tactics for deposing the defendant doctor. Stick to the game plan. You may even want to probe his education, training and experience if he deposingg in acting like he does not understand.
In some United States jurisdictions, depositions may be taken in criminal cases, for reasons that vary between jurisdictions. Prior to taking a deposition, the court reporter administers the same oath or affirmation that the deponent would take if the testimony were being given in court in front of a judge and jury. 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. Deposiing must now more than ever harness that magnificent analytical tool called your brain.
Deposition (law) – Wikipedia
Depositions by Oral Examination”. Listen to the Answers.
During the course of the deposition, defendanr attorney or another may object to questions asked. In a recent case a leading expert that I had retained strongly disagreed on certain fine points raised in the defense expert report and wanted me to engage in a star wars deposition.
You can pick and choose the areas of cross examination from the deposition transcript and you will always be armed with the knowledge of the answer previously given.
Retrieved 27 December This is not a private battle you are bringing on behalf of your expert against their expert or key witnesses. Do defehdant want to depose the defendant’s experts? The answer is practice. Making the completion of this section of the notebook SOP in your office is a must. Information you have regarding his background should be used as a guide to keep him under control.
This works just as well when used with the defendant’s experts when they are cross-examined. The organizational tool best used to formulate, organize, and centralize your thoughts is the Deposition Notebook.
The Deposition Reading and Summary: Introduction The deposition of the defendant physician defenrant the crucial turning point of your medical negligence case.