Foreword by Kristi Wright
If you’ve been involved in a lawsuit, your attorney has likely mentioned your deposition multiple times. As we’ve discussed in previous blogs, a deposition is an out-of-court legal proceeding where the opposing attorney (and sometimes attorneys representing the co-defendants) can ask you questions related to the case. The deposition begins with you being sworn in by an authorized individual. A court reporter transcribes the entire deposition, and a videographer may also record it.
The most important factor in ensuring a successful deposition is preparation. Before we dive into the details of the deposition itself, let’s discuss how you, in partnership with your Curi defense team, can prepare effectively. Rest assured that your attorney has been working diligently in preparation for this event, sometimes for months or even years. During this time, they’ve compiled essential records and consulted with experts.
Your attorney will likely schedule several meetings with you before the deposition, where they will go over the medical records and help you anticipate the types of questions you can expect. During your meetings, your attorney will ensure you're familiar with the medical records, particularly concerning your role in the patient's care, which is vital to successfully defend your care and treatment. Some individuals feel ready after one or two meetings, while others may require more time to feel fully prepared.
At Curi, we sometimes work with deposition consultants who specialize in helping providers prepare for the deposition process. These consultants work closely with your legal team to ensure you feel comfortable and confident going into the deposition. If you feel you need more preparation, don’t hesitate to communicate this with your attorney and Curi Claims Consultant. Their goal is to make sure you're fully prepared and at ease.
Typically, a deposition will last several hours, though it may span multiple sessions. The process will begin with you being sworn in, followed by a series of questions from the opposing attorney. These questions will likely focus on your background, your role in the patient’s care, and any relevant policies and procedures within your medical practice or facility.
While your attorney will guide you throughout the process, here are a few key reminders to keep in mind for your deposition:
- Dress appropriately. This is particularly important if the deposition is being videotaped, as parts of the video may be shown to the jury during trial.
- Listen carefully and understand the questions. Everything you say could be used in court, so if you don’t understand a question, it’s perfectly acceptable to ask for clarification.
- Your attorney may object to questions. This is normal. Your attorney will inform you when you can proceed with your answer after an objection.
- Avoid speculation or guessing. Stick to the facts and what you know to be true.
- Stay calm and do not engage in arguments. It’s essential to remain composed throughout the process.
- Ask for a break if needed. If permitted in your jurisdiction, you may request a break to rest or gather your thoughts.
While the deposition process can be challenging—especially if it's your first time being deposed—proper preparation can significantly boost your confidence and help you navigate the proceedings.
In our next blog, we’ll explore the decision to settle or defend, and the factors to consider in making that choice. Sarah Macdissi, a former medical malpractice attorney and Senior Claims Consultant with Curi, will walk you through this process.
For more information on preparing for a deposition, we recommend Dr. Gita Pensa’s podcast episode: D-Day: Preparing for Your Deposition
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