Legal Question in Personal Injury in California

Minors can be deposed and/or made to testify at trial, though very young children may not be able to understand the oath they must take or recognize the importance of telling the truth. But minors can range from newborns to those who are about to turn 18, and it generally does not make sense to treat all of them alike.

If a deposition would be unreasonably harmful to a particular child her family can seek a protective order from the court. The court would then have to balance the child's needs against those of the party seeking to depose her. The court could limit the length of the deposition, require it to be conducted in writing, or impose various other types of restrictions. It could also bar the depo altogether, or it could refuse to impose any restrictions.

Your competent attorney knows how to move for a protective order. Either that, or someone is trying to sue a hospital without a lawyer, and we all know the words to that sad song.