- Get paid in advance by the attorney that requested your deposition.
- Read your chart and file before the deposition to refresh your memory and know your patient well.
- Plan time to meet with your patient's attorney before the deposition to discuss any issues specific to your patient's case, and to better understand important aspects of the case.
- Be organized. Make sure your file is clean and organized, and be able to quickly find documents for reference.
- Be prepared to document the patient's treatment and your diagnosis and prognosis through x-rays, chart notes, reports, etc.. Know your patient's prior treatment and medical history.
- Bring all pertinent billing information.
- Bring a copy of your current curriculum vitae to mark as an exhibit to the deposition.
- Re-examine the patient shortly before the deposition, if necessary.
- Dress professionally for the deposition, particularly if it is videotaped.
- Listen to the questions posed by the attorneys. Answer only the question asked then STOP
- Answer questions out loud.
- Never volunteer information. Wait until the question is asked, answer it and then STOP! If you can answer "yes" or "no," do so then STOP!
- Speak slowly and clearly.
- You may need to help the court reporter spell certain medical terms.
- Many of the questions asked at a deposition are not admissible at the trial but they do help the opposition prepare their case. Answer all questions unless your patient's attorney objects.
- If your patient's attorney objects to a question, stop and wait until the attorney instructs you either to continue or not to answer the question at all.
- Do not anticipate a question.
- Do not speak while others are talking and ask that the attorneys not speak while you are talking.
- Tell the truth.
- Never lose your temper.
- If you do not understand the question, ask that it be repeated or explained.
- Keep to the facts unless asked for your expert opinion.
- If you do not know the answer to any questions, admit it.
- Do not guess.
- When asked for your opinion, base your answer on your experience, education and training. Refer to the patient's history and subjective complaints.
- Correlate your opinion with exam and x-ray findings, consulting doctors' opinions, and the input of other care providers.
- Do not memorize your story.
- Following the deposition, do not discuss anything concerning the case in the presence of the opposing attorney or the court reporter. Wait until you are alone with the patient's lawyer.
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