When you are accused of medical malpractice, the first thing you will need to do is write a deposition. This deposition takes place before the actual trial.
A lot of weight rests on how you state things in your deposition. If you are not properly prepared, you could ruin your chances of winning the case.
In the beginning, your case may be defensible. However, if you word something incorrectly, your case may become indefensible.
A deposition is a sworn testimony of a witness, which is you, that is taken before the trial. The deposition usually takes place in an out of court setting with a judge presiding.
During the deposition the witness is put under oath with a stenographer recording the testimony. Translators may also be present during this process if they are needed.
In most states, the plaintiff and all of the defendants will take a deposition before the trial. The judge may also request a deposition from the spouse of the plaintiff.
Other states may require the lawyers and other professionals to take depositions as well. When you go in for your deposition, your accuser's attorney will talk to you face to face and ask you questions until the he or she feels like he or she has a solid testimony from you on where you stand.
He or she may also try to twist things you say to prove their case. This attorney will also use what you say to phrase questions to ask you at the trial as well.
Many people make the mistake of thinking that this is an opportunity to persuade the opposing lawyer that they were in the right and that their accusation is not worthwhile. It is a chance for the opposing lawyer to make his case against you.
In addition, most doctors are very intelligent people. However, they mistakenly believe that if they speak well to the attorney and prove how smart they are, the lawyer will think that the doctor knew what he was doing and let him off.
Unfortunately, most attorneys believe that the intelligent conversation is a cover for what doctor's do not really know. Another mistake that is made is that doctors think that as long as they keep talking and explaining why they are not responsible for what occurred, they can persuade the lawyer to their side.
However, the opposite is generally true. The less you try to say, the better for the most part.
By talking you will give away all of your proof and defense. Then, the attorney will go home and come up with a variety of points to refute your defense.
As you continue to talk, the more you will undermine yourself. Your performance in this room during your deposition will often determine the outcome of the case and that is why it is so important to prepare properly for this meeting.
The first thing you will need to do is talk with your attorney about what is going to happen and what kinds of things you should and should not say. Your attorney will often give you advice or suggest that you talk with the trial or jury specialists about it.
If your attorney offers this kind of assistance, make sure that you take it. Attorneys are quite busy and they often do not have the time to help you extensively.
When you go into the deposition, you may be working with a co-defendant. If you suspect that the co-defendant committed an error, it is very important that you keep that to yourself.
It could ruin your case if you do not even though it seems like abandoning them because they really are the guilty party is the right thing to do. However, if you do this, the co-defendant will declare that you are guilty as well.
This is the attorney's trap as he knows he will now get money from at least one of you if not both. You should only reveal the information that proves this and point a guilty finger at your co-defendant if you are in the last corner with nowhere to go.
However, it is also vitally important that you tell the truth. You swore to tell the truth and now you must do so.
With proper forethought and preparation you will be able to navigate the questions that the attorney asks you that are meant to trip you up. With a solid deposition, you will have a good chance of winning the case.
Author Resource:-
Terry Daniels has been working with personal injury law in Arizona for the past 10 years. He has written hundreds of articles dealing with the subject. He recommends this Arizona Medical Malpractice Attorney.
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