Introduction
The experience of being subpoenaed and required to give a deposition can be an incredibly trying one for most physicians. This does not, however, relieve the responsibility of ensuring that any future testimony delivered in court passes the necessary qualitative standards. The present article serves as a step-by-step resource for doctors in the medical field, outlining what not to do when giving a deposition, detailing the duties of medical record reviewing companies, and identifying strategies for improving self-performance in the courtroom.
Understanding the Deposition Process
What is a Deposition?
The definition of a deposition can be given as a procedure through which a witness is permitted to give sworn evidence while not physically present in the courtroom. Such witnesses provide information which is deemed crucial for the information-gathering stage of civil litigation known as discovery.
The Role of Physicians in Depositions
Involvement of physicians in a deposition case will determine if they are the expert witnesses or fact witnesses. This kind of testimony has been shown to impact the ruling in a case, so witnessing physicians must ensure they are prepared.
Common Mistakes Physicians Make During Depositions
1. Lack of Preparation
Overview
Many doctors do not take emphasis on preparation as one of the most important steps before a deposition. In the end, such lack of preparedness may invite misunderstandings in interrogations and questioning.
Solution
Doctors should familiarize themselves with the particulars of the case and relevant case files and seek help from an attorney concerning the process of deposition.
2. Inadequate Understanding of Legal Terminology
Overview
Legal jargon can be complex and confusing. Physicians may struggle to understand questions posed by attorneys, leading to inaccurate responses.
Solution
It is advisable that attorneys provide definitions of the words and phrases and state clearly the overall purpose for the specific question at hand.
3. Over-Explaining or Under-Explaining
Overview
Responding to questions is an art that should be done correctly if one wants to be compelling. The responses may not tell the whole story or may provide more than what was necessary.
Solution
Medical personnel should prepare for such scenarios by practicing how to be direct and concise in their responses to questions avoiding excessive details and information.
4. Emotional Responses
Overview
During a deposition, a physician is an emotionally bombarded individual and it is normal to respond emotionally. This is the only answer that you will ever give regarding the case.
Solution
The physician must learn emotion disassociation techniques. The last thing an attorney wants is to make their client reveal their emotions in a courtroom.
5. Ignoring the Importance of Medical Records
Overview
In legal matters, medical records are of utmost importance. They might depend heavily on circumstantial evidence and this is where the weak link is in their testimonies.
Solution
By employing a medical record review company, physicians can learn what certain documents are pertinent to the case and how best to use them.
The Role of Medical Record Review Companies
What We Do
Medical record review companies specialize in analyzing and summarizing medical records for legal cases. We assist attorneys by providing clear, concise, and accurate medical information that supports their case.
Benefits of Using Medical Record Review Services
- Best analysis: Our analysts familiar with medical records look for the most appropriate information in the records concerning the given case.
- Getting time back: The review procedures are organized in a manner to cut down on the time of Lawyers and Doctors.
- Better understanding: It is a procedure whereby incorrect information is passed to lawyers. Summary also makes it easier for doctors to understand questions posed to them and eyewitnesses to understand questions they ought to answer.
Preparing for Your Deposition: Best Practices
1. Collaborate with Your Attorney
Doctors need to cooperate with their lawyers as this will help them know the case better and the main questions that will be asked in the deposition.
2. Review Medical Records Thoroughly
Being familiar with medical records in a given case is critical. Given the importance of these papers, the physicians need to go through them slowly and carefully.
3. Practice Mock Depositions
Mock deposition practice can assist physicians in becoming comfortable with the process and being asked questions during deposition.
4. Stay Focused and Composed
While testifying in their depositions, doctors have to make an effort to concentrate their attention on the questioned posed and be calm, even when the questions are demanding.
Case Studies
Case Study 1: Medical Malpractice
A doctor was compelled to testify in a case concerning alleged surgical errors of a patient.
Challenges
During the deposition, the physician experienced great difficulty in recalling certain events described in the medical records.
Solutions
The physician hired a medical records review specialist who created an outline of the pertinent records and outlined the events in order straightened the timelines.
Compensation
As a result, the physician succeeded in presenting true expert evidence which in turn led to a favorable outcome in that case.
Case Study 2: Personal Injury
Overview
In a personal injury suit, the physician was required to perform an evaluation of injury and its impact on patients’ quality of life as an expert witness.
Challenges
The doctor has no issues in making the attorneys understand the medical meaning of the injury but rather finds them confusing them with medical terminology.
Solutions
The physician did not have to struggle with the details of the deposition since she worked with a medical records review company, which provided a comprehensive summary of the case and the patients’ records.
Compensation
The plaintiff also won a successful settlement and this was largely attributed to the short and precise testimony.
Conclusion
Like legal professionals, physicians should expect the deposition process to be harrowing but not go unscathed. If they even eschew common deposition traps and proactively include institution-led medical record reviews, they can expect to be much more effective as witnesses. All legal strategies ought to be prepared in advance, all terms should be understood, and all nerves should be controlled prior to giving an exam with deposition as an endpoint. The proposed best practices in this guide can indeed be used to offer a high clarity in physicians’ deposition and even fairness in outcomes of legal cases.
