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Four Tips on Taking a Successful Deposition in a Medical Malpractice case

Empty medical malpractice form and gavel

Deposing a doctor accused of medical malpractice provides important opportunities to learn more about the doctor’s attitude toward the incident that injured your client, as well as the doctor’s medical history and credentials. Read on for suggestions on how to successfully depose a physician in your medical malpractice case, and contact a seasoned Phoenix court reporting firm to arrange for facilities and reporting services to meet your case’s needs.

Ask “why”

During the deposition, take the chance to find out why the physician made the mistake in the treatment they provided your client. The answer to this question is one you’ll want to learn before the doctor is on the witness stand at trial, especially if the reason could prove fatal to your claim.

Learn more about conversations between the doctor and the patient, their family members, or other treating physicians

Records of conversations don’t often make it into a physician’s notes, but they could have been significant in forming the treatment that the patient received, or in misleading the patient or their family about that treatment. The doctor may claim not to remember the conversation or may claim that it went very differently from what the plaintiff or a family member recalls, but exploring this topic will allow the jury an opportunity to decide who is telling the truth.

Ask if the doctor has ever had their medical license threatened, suspended, or taken away entirely

A careless doctor may have had prior run-ins with the hospital’s discipline board or in court as a defendant. Ask about these incidents and the results. This may be information you’d be able to find online, but it may be valuable to hear the doctor testify about them as well.

Find out if the doctor believes there might be other causes of the patient’s injury

The causes of a patient’s injuries may be up for interpretation, or at least an alternate explanation that could sow doubt in the jury’s mind. The deposition is an opportunity to learn about possible defenses to the malpractice claims by asking whether the physician believes that there may be other sources for your client’s injuries, so that you can begin preparing a rebuttal to these defenses prior to trial.

For skilled, professional, and detail-oriented court reporting services in Arizona, contact Ottmar & Associates Inc. in Phoenix at 602-485-1488 or toll-free at 866-485-1444 for a consultation on your deposition or hearing needs.