Riley Bennett Egloff Magazine July Magazine | Page 14

PRACTICAL ADVICE FOR THE DEPOSITIONS OF HEALTHCARE PROFESSIONALS By James O. Giffin, RBE Attorney Originally Published March 2018 W 1 . Failing to Prepare is Preparing for Failure. The questioning will likely involve healthcare related matters with which you are familiar. You may also be knowledgeable about, or have provided, some of the specific care at issue. While this should get you off to a good start, do not be tempted to wing it. Your preparation and attention to detail will be critical. Meet with your attorney to prepare for the deposition – several times, if necessary. Engage in some mock-questioning to get a feel for how the deposition will proceed and to hone In the real world, you are more likely stuck in a your responses. Generally, it is advisable to review any conference room with your attorney, a court reporter medical records which are likely to be utilized during displaying a thousand-yard stare, and an opposing the deposition, if not the entire medical chart. This is counsel who appears to spend too much time asking especially true for records concerning treatment which poorly phrased questions about irrelevant things. you and/or your practice rendered. Hollywood, it isn’t. Nevertheless, the deposition of a healthcare professional can have a significant, . Anticipate Areas of Examination. You can safely sometimes dispositive, impact. Each case is unique and presume that some topics will be covered during will require coordination with your attorney specific to your deposition. For example, you will likely be asked its particular facts and issues. However, the following about your education, practice, affiliations, experience, general tenets may provide a solid foundation upon licensure, board certifications, publications, research, which to build. claims or lawsuits, service on medical review panels, and involvement with the patient and/or care at issue. This last topic is generally the most central. After hen the deposition of a healthcare professional is depicted on television or in the movies, it is invariably a dramatic affair. Klieg lights flash across sweaty brows. High definition cameras pan back and forth, revealing every grimace and grin of examiner and examined alike. A rhythmic bass line mimics the human heartbeat, growing tachycardic as the key piece of testimony is elicited. The winner revels in victory. The loser resigns in defeat. 2 14 Riley Bennett Egloff LLP - April 2018