Legal Question in Medical Malpractice in Missouri

Re: Do we need a lawyer?

A deposition does not get "thrown out" -- it can be used if a witness is unavailable. You did not say where the case is being tried, but I assume it is fairly close by. If she has been subpoened then she likely was tendered mileage expense. Mileage expense and the witness fee are all she has coming in way of compensation. She can be asked factual questions, however, generally speaking, she can't be asked questions that are "expert witness" type questions. In other words, the plaintiff cannot convert her into its expert witness by asking her questions about the standard of care, etc. They can ask what she saw, heard, observed, etc., and subject to the objections of the defendant.

Because it is possible (although unlikely) that your wife could be named in an action for contribution if the doctor is found negligent, it is a very good idea for her to seek independent legal counsel before testifying. She does not want to make a bad situation worse by saying something she might regret later on. In a contribution action, if anything she did or failed to do contributed to the outcome, she can be asked to contribute to the amount paid. Since she was likely covered by the same insurer, it probably won't matter. But she definitely needs a competent attorney to help her with this before she testifies. There are a number of excellent firms in St. Louis and I would be happy to provide a recommendation if she wants one. As a former respiratory therapist, I certainly understand how stressful this is for your wife.