Will the doctor be present for your deposition? From time to time, around deposition scheduling, a client will ask this question. So, I decided to discuss this issue because it hits on a couple of key issues when a doctor is sued for medical malpractice. It has been my experience that some clients can have strong feelings for and against the presence of their doctor at their deposition.
Please remember that I am basing this discussion on my experience as a birth injury and medical malpractice attorney. In addition, the underlying focus will be how things are done in Maryland, in accordance with Maryland law. If you have questions about this issue in your upcoming deposition, be sure to talk with your attorney further about your issues, as your attorney will be able to give you specific direction as to the issues in your case.
WHAT TO EXPECT AT THE DEPOSITION?
Before moving into will the doctor be present for your deposition, you should have a foundation as to what is a deposition and what can you expect. A deposition is a question and answer session in its most basic form. All sides to the case will be present, and if they are not physically present, then their attorney(s) will be there. A court reporter will be in the deposition creating a record of everything that is said. If the deposition will be on video, a videographer will also be present.
Once sworn in, the witness in the deposition will answer questions from the other side in the case. Many of the questions will be used to narrow down, and clear up issues in the case. The witness will provide relevant testimony to the issues at hand.
On a side note, a pro-tip if you will, when you sit for your deposition, be sure to answer only the question that is asked of you. In addition, if you have a hard time understanding a question, do not assume what the question means. You can ask the attorney to explain the question better or rephrase it to help you understand. If you do not understand the question, you do not want to assume and answer. This can sometimes lead to problems down the road if you get a better understanding later and change your answers.
WILL THE DOCTOR BE PRESENT FOR YOUR DEPOSITION?
In my experience, the doctors do not attend the deposition of the plaintiff. The attorney for the doctor will be there of course, but the doctors do not attend in my experience. This is not to say that the doctors cannot attend, as they can, they just choose not to show up in the cases that I have worked.
Because you have filed a medical malpractice suit against the doctor, the doctor, as a party to the case, can attend the deposition. The doctor can have their own personal reason(s) for why they may not want to attend the deposition.
As I said above, if you have specific questions about this issue, and you have an attorney, it may be a good idea to also get their take on this issue. Their experience might be the same as mine, but it might also be different.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP