What Happens After a Deposition in a Medical Malpractice Case?
- A deposition is a legal proceeding where a series of questions is asked to a witness under oath. The witness is represented by an attorney and is questioned by another attorney. A court reporter is present who makes a transcript of the proceeding. In the medical malpractice case, the questions are related to the allegations and injuries that occurred which are typically asked in order to determine fault of the parties and to assess the extent of the medical injuries. In addition, the questions help the attorneys figure out whether the witness will be sympathetic to a jury if the matter should eventually go to a trial.
- Within a few days after the deposition, a transcript of the proceeding is generated from the court reporter. The witness will have the opportunity to review the transcript and testimony in order to check for any mistakes, such as transciption errors. There may also be errors in the spelling of certain words, such as persons or places. If there are any mistakes, the mistakes can be changed. Once the transcript has been verified, the witness signs the transcript. After the witness signs off on the transcript, the document can be used as evidence in a trial since the information was taken under oath.
- The deposition information obtained in a medical malpractice case can frequently be utilized to cause a settlement offer. Sometimes the testimony of the doctor or hospital's patient at the medical malpractice desposition will cause the defense attorneys to realize that if the case proceeds to a trial, there is a strong likelihood of a significant financial loss. As a result, the defense attorneys will present an offer to settle the medical malpractice case as opposed to going to trial.
- In the event that a settlement is not reached following the deposition, the case will continue to proceed along its appropriate procedural course as determined by the particular jurisdiction. Once the case reaches the trial phase, the deposition testimony can be used at the medical malpractice trial. The testimony can be used to help an attorney establish an injury or, conversely, a lack thereof. In addition, the deposition testimony can be used to impeach a witness by showing that the individual made a different statement under oath when deposed about the medical malpractice case.