Let's be real, no physician wants to get sued for medical malpractice. But unfortunately, it happens.
And when it does, you better believe that the patient’s attorney will subtly, or not so subtly, be doing everything in their power to paint you as a “BAD DOC."
If you want to increase your chance at a favorable outcome in your lawsuit,
here is a list of what NOT TO DO:
#1 Skimp on thoroughly studying your medical records and any other documents sent by your lawyer before the deposition.
This can make you look unprepared, and give the impression that you are not taking the case seriously. Opposing counsel will spin it to make it look like you were not fully informed about the patient’s case, which can raise questions about your care.
Depositions are a novel environment for most docs. Being unprepared will also throw you off kilter, triggering a fight or flight response. No bueno.
#2 Get defensive or argumentative during the deposition. This will make you look guilty, and like you have something to hide. It will also undermine your credibility as a witness.
Remember: you are not going to win (but you can lose) your case at deposition. So leave the arguing for your lawyer.
#3 Point the finger at other healthcare providers.
Criticizing another healthcare professional plays RIGHT INTO opposing counsel’s hand. You are basically doing their job for them. Major penalty points against you with the jury.
#4 Not being able to explain your thought process to justify your medical decisions WITH CONFIDENCE.
If you are not 100% sure about your own care, how can the jury be?
#5 Take the bait and respond to hypothetical or speculative questions.
Trust me, anytime opposing counsel asks you to speculate or gives a hypothetical, it IS NOT to help your case.
They are trying to get YOU to build THEIR case against YOU. . . Don’t fall prey to that trap.
So, there you have it. Those are my TOP 5 NO NO’s.
But since I am not your lawyer, and my posts are never intended to be legal advice, be sure to ask your lawyer for theirs.