Riley Bennett Egloff Magazine July Magazine | Page 15

preparing , you should be able to testify competently as to any care you provided and , usually , its context within the patient ’ s broader course of treatment . Consider the bases for any healthcare decisions you made or procedures you performed . Identify the reasons why alternative options were not recommended or pursued . Confirm what information and materials were available to you at the relevant time periods .

3

. Take a Moment to Consider Questions before
Responding . This allows time for you to fully consider the question , develop your response , or ask for clarification . It will also allow your attorney an opportunity to make objections , if appropriate . Pauses are not generally indicated in deposition transcripts . So , unless the deposition is being videotaped , the brief delays will not be noticed . Even if the deposition is being videotaped , the delays should help portray you as a careful and cautious deponent . If there is a lull in the questioning , do not feel the need to fill the silence . Simply await the next question .

4

. Consider Your Audience . You are not simply testifying as a person . You are also testifying as a healthcare provider . The audience for your testimony ( i . e ., the judge and / or jury ) should be predisposed to find you credible and competent because they probably view their own healthcare providers that way . You may be able to reinforce this predisposition . Discuss with your attorney whether you should wear your workplace attire to the deposition , particularly if you will be coming from or going to work that day . Utilize your bedside manner , when appropriate , during the deposition . Monitor your tone and demeanor to maintain an air of confidence and professionalism without appearing condescending .

5

. Be Truthful and Responsive . Your only obligation is to truthfully answer the questions which are asked ,
if you are able to answer them . However , you do not have an obligation to know everything . Responding to a question by stating that you “ do not know ” or “ cannot recall ” is perfectly fine if true . However , be aware that overly relying on such responses when they are not appropriate can make a witness appear less than candid and forthright .

6

. Do not Expect an Extensive Number of
Objections . The range of objections which are necessary and / or helpful during most depositions is smaller than typically assumed . In fact , asserting unfounded objections may let the examining attorney know he / she has found a pressure point or an issue of some concern . If that happens , he / she is likely to focus on that line of questioning more intently and for a longer period of time .

7

. It is Fine to Speak with Your
Attorney . If you are asked whether you discussed the case or your testimony with your attorney , it is fine to say “ yes .” That shows you took the process seriously and prepared for it . However , the contents of your discussions with your attorney are generally privileged . Do not reveal them unless expressly instructed by your attorney . More likely , your attorney will object to any such question and instruct you not to respond . Similarly , it is perfectly fine to request a break during the deposition so that you may speak with your attorney . You do not need to inform the examiner that is the reason for the break . Instead , simply ask to take a break and then consult with your attorney in private . Typically , it is best to request breaks in between questions . That way , it does not appear like the attorney is coaching the witness . However , if you need to discuss something with your attorney at that moment , then request a break and stop testifying until it is granted or your attorney responds with alternative instructions .
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