One reason why some families will not pursue a birth trauma case on behalf of their baby is because of their thoughts on not only a deposition but having to possibly testify in a trial. Without guidance, it is easy to see how misconceptions can arise out of this process. Understanding your deposition in a birth trauma case can go a long way in giving you a better outlook about this event, thus improving your chances of doing well.
Please remember that the information that I am providing in this article is general in nature. If you have specific questions regarding your child’s facts and circumstances and strategy, remember to talk with your personal attorney about those issues. With that said, this article and supporting video will give you a good foundation as to some of the basics regarding your deposition.
WHAT IS A DEPOSITION?
A deposition can be defined as a question and answer session, when broken down into its simplest components. There will be multiple people in the room with you when you take your deposition. These people can consist of the following:
- A court reporter: this person will type everything that is said in the deposition.
- Possibly a videographer: if the deposition is recorded with a camera a videographer will be used. Your attorney can let you know if a videographer will be present so you can be sure to dress appropriately.
- Defense attorney: this person will be the one asking you the questions.
- Your attorney: if you are represented by an attorney your attorney will be present to defend you at your deposition. This means that if legal and other issues arise, your attorney can advise you.
UNDERSTANDING YOUR DEPOSITION IN A BIRTH TRAUMA CASE…
When understanding your deposition in a birth trauma case it is important to know your role. More than likely you will be what we call a fact witness. This means that your main job is to explain the facts of the case. You do not have to worry about getting bogged down into things like the medicine surrounding the case. Likely, you will have medical experts who will take care of those issues.
You will be responsible for explaining for telling the story of the events that took place. For example, you may have questions about your pregnancy, labor and delivery, whether you spoke with any doctors during labor and delivery, who was in the delivery room with you, what is life like now with your baby, etc…. These are just some of the types of questions you may face in your deposition.
Before leaving the section, I want to remind you that when you answer your questions that you tell the truth and do not try to anticipate the next question. Trying to anticipate the next question or why a question is asked can lead you into trouble. Just listen to the question that is asked, think about it, and answer. If you do not know the answer it is OK to say I do not know the answer. If you do not understand how the question is asked it is OK to ask the attorney to either rephrase the question or explain it in a better manner. What you do not want to do is sit in your deposition and either make things up or answer questions that you do not fully understand.
YOU CAN DO A GOOD JOB IN YOUR DEPOSITION!
Remember your attorney will have you prepared for your deposition. Once you understand some of the key concepts you have a better chance of doing well. Hopefully this article has given you a better feel for your upcoming deposition and what you can possibly expect. Remember for specific questions about your facts and for specific strategy, speak with your attorney.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP