Depositions
professional, and economic relationships within the medical community place great pressure on a plaintiff’s treating health care providers to resist even the slightest appearance of cooperation with plaintiff ’s counsel. In some instances, plaintiff ’s
treating health care providers will have direct
professional, if not personal, relationships with the defendant physician. Any physician who wishes to maintain crucial referral networks in the local community will treat counsel suing a fellow practitioner with great caution, if not overt hostility. Given that the majority of Maryland physicians are insured by Medical Mutual, many of plaintiff ’s treating health care providers may be insured by the same company as the defendant, and, in fact, may have been represented by defense counsel in plaintiff ’s case. In preparing for the treating health care provider’s
deposition, if they will speak with you prior to the deposition, nail them down in what they intend to say about your client. Be direct. Do not try to force them to be an advocate on your client’s behalf. Let them be neutral. On occasions where the treating health care provider is hostile to your case, you need to be prepared to establish any connections he might have to defendant or defense counsel and explore any other motivation he may have to be hostile to his patient’s interests. In all instances, be sure you have a firm understanding of the
treating health care provider’s chart. Be prepared to hold him to the facts established in his records if he attempts to expand his testimony into areas detrimental to your client. Often in cases involving hospital care, we need to have
the depositions of treating nurses. Unless the nurse is a target defendant, they can often be counted on to be straight forward and honest in their testimony. Occasionally, they are quite nervous. Put them at ease and treat them in a friendly manner. Tey will often have insights into your client’s care that you will not find elsewhere.
Preparing for the Deposition of Your Client Preparing
your client for deposition in a medical
malpractice case involves a good deal of time and understanding. You need to keep in mind that these are generally people who have experienced extreme trauma and you are, in effect, asking them to relive that trauma at deposition and in the preparation for the deposition. Tis is their opportunity to tell their story, and it is up to you to help them do so in the best fashion possible. Always prepare your clients for deposition with a face to face meeting. Telephone preparation for your expert’s deposition may be fine, but not so with your clients. Counsel them before the preparation session to review their
More Than Forty (40) Convenient Locations:
■ Baltimore Metropolitan Area ■ Eastern Shore
■ Western Maryland
■ Washington Metropolitan Area ■ Northern Virginia
For more information visit our website at
www.mdhealthcorp.com or call
410-318-6253 Trial Reporter / Winter 2011 31
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