Depositions
Deposition Preparation in Medical Malpractice Cases
David J. Wildberger M I prefer MDConsult for my preliminary medical research
edical malpractice depositions are different from other tort depositions in the details of deposition preparation. I have limited the scope of this article
to a description of the basic steps that medical malpractice lawyers go through in preparing for the various depositions they take and defend. Te primary potential difference between medical
malpractice depositions and other bodily injury cases is that the issues covered are often medically arcane and the deponents, often physicians, are more highly educated than the general public. Nonetheless, the key to successfully completing depositions in medical malpractice cases, as in any other case, is preparation. Te details of that preparation differ from that of other tort cases. But let’s back up. Te preparation does not start with the deposition, but with the initial case investigation. By the time you get to the deposition phase of discovery, you should already know your case cold. You should have already constructed a detailed chronology of events, researched the medical issues and procured discovery responses from all defendants. Only then can you be well armed to battle your way through the deposition phase of litigation.
Learn the Medicine One of the truly wonderful things about the internet is
that it gives you access to a great variety of medical literature with which to prepare yourself for deposition. Medline, PubMed, MDConsult and UpToDate are just a few. A simple Google search is often a good way to begin to educate yourself on the medical issues.
because it provides access to medical textbooks that I do not have in my firm’s library. Medical textbooks are most useful in researching broad issues that you need to understand in order to fully comprehend the more detailed medical issues you will confront in your case. Medical textbooks will also often have citations to journal articles that deal with the issues in your case in a more detailed manner. Te medical literature can also often provide you with
a conduit to expert witnesses with special expertise in the medical issues in your case. Experts who have written on the medical subject matter of your case not only add credibility to your efforts, but can provide additional education for you on the medical issues. Nevertheless, you will need to have already educated yourself to a large extent on those issues in order to effectively communicate with your expert.
Preparing for the Defendant’s Deposition Once the issue of who goes first is sorted out, preparation
for defendant’s deposition begins. If you have not already done so, a check of the Maryland Judiciary Case Search website (
http://casesearch.courts.state.md.us/inquiry/processDisclaimer. jis) can be quite helpful in identifying other cases in which the doctor has been a defendant. A bit of investigation on the website can often not only identify previous cases, but can identify plaintiff ’s counsel in those cases. A call to prior plaintiff ’s counsel often results in some valuable intelligence about your defendant. Another potentially fruitful avenue of investigation is an internet search for publications authored by your defendant.
Trial Reporter / Winter 2011 27
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