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Babitsky S, Mangraviti J. The discovery process.

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The defendant physician’s deposition: fighting back—at last! Mo Med 2002;99(10):524-5. Malpractice: how to survive a deposition. Med Econ 2005;82:45-8. Babitsky S, Mangraviti J.

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Current Psychiatry 2007;6(2):23-35. At the first conference, volunteer all pertinent information about the case as well as any noteworthy medical inconsistencies. Find out what documents to bring to the deposition, who will be present, and the expected duration. You might wish to prepare mentally by inquiring about the style and personality of opposing counsel.

Defense counsel does not control how long a deposition lasts but might be able to give a rough estimate. Plan accordingly, and allow for sufficient scheduling flexibility. Depositions typically last half a day, but they can last more than 1 day.

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Clinical Point Remain composed when answering questions, and resist the urge to counterattack; strive for humility and dignifified confifidence At a later predeposition conference, defense counsel might walk you through a mock deposition that involves difficult or anticipated questions. This is a good opportunity to master your anxiety and improve your effectiveness as a witness. You also may wish to go over your curriculum vitae with defense counsel and check it for mistakes or other content that might raise problematic questions during the deposition ( ). Make sure your c.v. Is up-to-date, and refresh your memory if it lists lectures given or articles written—no matter how long ago—on topics related to the litigation. Table 2 Malpractice: How to prepare for your deposition Thoroughly review case records Master the case (memorize key names, dates, facts) Meet with defense counsel at least twice to: • find out deposition’s location, who will be present, and expected duration • learn what documents to bring • understand opposing counsel’s style and personality • prepare for difficult questions • consider having a mock deposition Double-check your curriculum vitae for accuracy and updating Come to the deposition well-rested On deposition day Don’t open Pandora’s box.