Medical Malpractice and the Deposition

Often, one of the most important elements to a medical malpractice case will be depositions, which may go a long way to determining the course of the case. Depositions are hearings witch occur out of court during which testimony is gathered from witnesses, the content of which might otherwise take up countless hours of valuable court time to ascertain. This testimony is then reduced to a written record, which will then later be used in court. Simply put, a deposition is a legal questioning.

Depositions are used to gather information that will be relevant to the trial. In medical malpractice cases, this will include information like:

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• Your experiences before, during, and after medical treatment. You will be expected to describe what treatment was like, and any injuries that may have occurred as the result of treatment.
• Information from the physician in question. The doctor or healthcare professional being accused of medical malpractice will need to describe the medical care he or she administered, in detail.
• Testimony from expert witnesses. In medical malpractice cases, the expert witnesses are other doctors who are familiar with the standard level of care and procedures involved in the case. His or her testimony will determine if the physician's care was adequate.

Medical Malpractice and the Deposition

Depending on your case, there may be even more testimony taken during depositions.

Benefits of Deposition

One of the chief reasons for depositions is to establish information while a witness still has a fresh memory of events. Often, trials occur months or even years after the incident in question. It's important to get a record of the testimony while it is still fresh in the minds of the people involved.

Like all other forms of legal discovery, depositions are taken so that both sides can have access to the same information. It provides a fair and equal amount of information before the trial begins, and prevents surprise witnesses that give one side an unfair advantage.

The Procedure

Depositions are taken in the presence of a court reporter, who will take stenographic notes of the hearing. Audio and/or video recordings may also be taken, but their advisability in court varies by jurisdiction. Like in an actual trial, you are sworn to an oath of truth before giving your testimony.

If you'd like to learn more about the deposition process and how it can affect your medical malpractice trial, visit the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., today.

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