Legal Question in Medical Malpractice in California

Re: plaintiff's deposition

A deposition is as important as testimony in court. It is taken for the defendant's benefit. It is not taken to help you.

Therefore the following is some of what you need to know.

Be sure you are represented at the deposition by your attorney to prevent improper questions...have you stopped beating your spouse? for example...

Tell the truth. But don't volunteer any information that is not responsive to the question.

If you don't understand a question ask that it be rephrased...don't assume anything and start to answer...make sure you understand what is being asked before starting your answer. If you are uncertain, ask that the question be rephrased.

You may not know all of the answers. Don't make any up or you will be hurting your case. Don't assume that the tone of the question or the way the question is phrased is for your benefit. You may be asked a question that makes the truth sound like the wrong answer. The truth is always the right answer.

You should talk with your attorney about the areas that are critical in a malpractice case, such as when you learned that the doctor or health care provider did something wrong and who has told you he did anything wrong and who reviewed the case for you as some of this information needs to be saved for expert disclosures, and must be objected to or it may be waived.

If you don't understand this answer you need to talk with your attorney.

Re: plaintiff's deposition

Medical Malpractice is a form of a personal injury claim more or less. As a plaintiff, you are NOT required to have "expert knowledge" relating to those specific types of facts with your case, however, you can still expect alot of other questions that could impact your case one way or another. Depositions are the MOST important aspect of any lawsuit because depending on how strong or weak your deposition is, this will determine if an out of court settlement is in everyone's best interest or if moving forward to trial is necessary. So, to answer your question, you may want to try to locate as many different sample deposition questions/transcripts online as you can well ahead of time so you are not "tricked" by the defense attorney with some of your answers. Often they will repeat questions to see if you trip up per se, and then use to impeach you in court whenever necessary. However, your best option might be to have an attorney coach you personally with the most common type questions, answers and defense attorney "tricks" of the trade. If you would like further, prompt assistance in this matter, contact us directly for a free consultation.