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
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. 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.
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Riley Bennett Egloff LLP - April 2018