How to Survive a Deposition

Dana merritt, age 37, has worked as a registered nurse in the same nursing facility for the past seven years. This nursing home, like many all across the country, is chronically understaffed with too few nurses and nursing assistants to adequately care for the residents. Dana is looking forward to a relaxing day off after three grueling consecutive shifts in which she struggled valiantly to keep up with the care demands of the 25 frail elderly residents under her charge. As she sorts through her mail while taking sips of morning coffee, her peace and solitude are abruptly intercepted by a notice of deposition from the clerk of court. Trying not to panic, dana shakily opens the envelope, carefully examining its contents. She is horrified to read that her sworn testimony is required concerning circumstances surrounding a resident death that occurred nearly two years ago in the facility. The decedent's family has filed a malpractice lawsuit against the nursing home and dana is being called as a witness since she cared for the resident during the time in question.

A notice of deposition states that a person must appear at a certain place, at a certain time, and on a certain date to give a sworn oral statement. This process consists of a face-to-face meeting of the witness (or deponent) with the plaintiff’s attorney and other parties for a question-and-answer session. The deposition typically takes place in an out of court setting, such as an attorney’s office, without a judge present. The deponent is placed under oath to answer questions while a court stenographer makes a verbatim transcript of the testimony. The deposition is part of the discovery process that takes place before an actual trial.

How should a healthcare professional such as Dana prepare for a deposition?

First and foremost, you should hire a lawyer to represent you, since your reputation, nursing license, and substantial sums of money may all be on the line. Your attorney should preferably be a lawyer who specializes in nursing malpractice cases. Prior to the deposition, your attorney should thoroughly prepare you to testify by discussing possible answers to anticipated questions. Questions often relate to your educational background, professional experience, job duties, and what happened during the dates in question. You should appear neat and well-groomed in tasteful and conservative clothing, such as a business suit. You should not wear anything casual or provocative. At a deposition, you are being judged by your articulate words, confident body language, and professional appearance.

What are some rules to follow during a deposition?

1. Be a careful, thoughtful, and prepared witness.
2. Always tell the truth. if you do not know the answer to a question, simply state that you do not know the answer.
3. Take your time and listen very carefully to each question. if you do not understand a question, ask for clarification. if you need to review records before you give an answer, ask to do so. read carefully the documents you are shown before answering the questions. think about your answer before you speak.
4. Limit your answers. be very narrow and specific. answer only the question that you are asked. do not volunteer any information.
5. Do not speculate, guess, or assume an answer to any question.
6. Take a break if you need one. avoid fatigue. it is during periods of fatigue that you are more vulnerable to being tripped up by the opposing attorney.
7. Listen to your lawyer, especially to any objection. if an objection is made, stop talking and do not answer the question, unless your lawyer gives you permission to do so.

Even though it was an immensely stressful ordeal, dana successfully went through the deposition process by carefully following the rules described above. She appeared professional, was articulate and credible, and kept her composure throughout. Her license and reputation remain intact.