HOME HELP FEEDBACK SUBSCRIPTIONS ARCHIVE SEARCH TABLE OF CONTENTS		QUICK SEARCH:   [advanced] Author: Keyword(s): Year:  Vol:  Page:

This Article Full Text (PDF) Respond to This Article Alert me when this article is cited Alert me when eLetters are posted Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Similar articles in PubMed Alert me to new issues of the journal Download to citation manager Citing Articles Citing Articles via Google Scholar Google Scholar Articles by Ashley, R. C. Search for Related Content PubMed PubMed Citation Articles by Ashley, R. C.

The Anatomy of a Lawsuit: Part 2

A The previous article in this series discussed important "discovery" tools that are used to get the facts in a lawsuit. One of the most important discovery tools is called a deposition. Giving a deposition can be a frightening prospect. Some information and a few hints regarding giving a deposition may reduce the trauma for a deponent.

A deposition is an informal question and answer period that is used to gain more information about the personal knowledge of a party or a witness. It is informal because it is done in a conference room and not in a courtroom. However, the "deponent," the individual who is responding to questions, is there because he or she received a subpoena to appear. This subpoena mandates that the person who received it attends the scheduled deposition and responds to the questions that are asked. It is not an invitation that can be ignored. If a subpoena is ignored, the individual may receive a court order to appear and give testimony.

At a deposition, each of the attorneys representing any of the parties (plaintiffs or defendants) will have the opportunity to ask the deponent questions. Each attorney will, of course, have a different point of view and will ask questions that are specific to his or her respective clients. If you are the nurse on trial, attorneys representing the plaintiff(s) and any other defendants will all have a chance to ask you questions pertaining to their clients.

A deponent gives all testimony under oath. Also, everything that is said is recorded for posterity. At the beginning of the deposition, a deponent is informed that he or she will have an opportunity to review the transcript of the deposition and change any mistakes in testimony that he or she may have given. However, any changes that are made may be questioned by any one at the deposition and those changes could affect the credibility of the testimony. Therefore, it is of utmost importance that the testimony that is given is accurate and truthful.

If you are the nurse on trial, you will be represented at the deposition by your attorney. If you receive adeposition subpoena as a witness to the alleged malpractice, it is imperative that you also be represented by a lawyer. Some employers fail to see the importance of supplying a lawyer for a nurse who is "just a witness." However, you have been subpoenaed because you have material information that is needed for the lawsuit. Every lawsuit reserves additional spaces for "Doe" defendants to be added during the course of the lawsuit. If your deposition testimony indicates that you may share liability with the named defendants, you may be added as an additional "Doe" defendant. Therefore, if your employer fails to supply a lawyer for you, retain your own lawyer to assist you in your deposition. If you have individual malpractice liability coverage, notify your carrier that you have been subpoenaed to give deposition testimony. Most insurance carriers will supply you with an attorney under your malpractice policy. In renewing your policy, an important question to ask your carrier is whether coverage is provided for deposition testimony as a witness. Some important deposition tips include the following:

• Always have a lawyer with you (the only exception is if you are an expert witness).
  
• Always tell the truth.
  
• If you do not understand a question, ask for a clarification.
  
• Do not volunteer any information.
  
• Do not be a smart aleck.
  
• Do not rush your answer.
  
• Do not guess, but best estimates are OK.
  
• Keep your answers short and accurate.
  
• Stay calm.
  
• You may stop the deposition at any time to consult with your lawyer.
  

The only time it may not be necessary to be represented by a lawyer is when one is an expert witness. Expert witnesses testify as to the standard of care and usually have no direct knowledge of the alleged malpractice. In this case, there is no chance for personal liability and expert witnesses are deposed for their special expertise and knowledge in the clinical area of the nurse on trial.

Depositions may not be a "walk in the park." However, with this bit of knowledge, a few hints, and a lawyer at your side, the anxiety a deposition may produce can be substantially reduced.

Information appearing in Legal Counsel is for general purposes and is not intended to replace legal advice. For specific situations, consult your facility’s legal representation or a personal attorney.

 

This Article Full Text (PDF) Respond to This Article Alert me when this article is cited Alert me when eLetters are posted Alert me if a correction is posted Services Email this article to a friend Similar articles in this journal Similar articles in PubMed Alert me to new issues of the journal Download to citation manager Citing Articles Citing Articles via Google Scholar Google Scholar Articles by Ashley, R. C. Search for Related Content PubMed PubMed Citation Articles by Ashley, R. C.