Mistakes To Avoid During a Florida Medical Malpractice Deposition
When you file a medical malpractice claim in Florida, you may be required to provide information about the case details in a process known as a deposition. A deposition is an out-of-court session where you provide testimony for the other side under oath. During your deposition, the defense attorney will ask you questions seeking additional information about your case. While this is your time to tell your side of the story, it is also when the defense will try to find weaknesses in your case. Knowing what to avoid can make a significant difference in protecting your credibility and strengthening your case.
Below are some of the most common mistakes people make during medical malpractice depositions and tips on how to avoid them.
1. Offering Extra Information
One of the biggest mistakes you can make during your medical malpractice deposition is offering more information than that which you have been asked for. Overexplaining yourself can result in you offering information that can be used against you.
How to avoid this mistake: Always listen carefully and only answer the question asked. For example, if the defense attorney asks, “Did you experience any pain after the procedure?”, simply respond with “Yes” or “No.” Avoid talking about other unrelated symptoms.
2. Guessing or Speculating
It can be tempting to guess the answer to a question if you don’t remember something. However, you should avoid it. Guessing can hurt your credibility if what you say turns out to be wrong later. Any inconsistencies can be used to argue that you cannot be trusted.
How to avoid this mistake: It is completely acceptable to say “I don’t remember” or “I don’t know.” For example, suppose you can’t remember the exact date you started experiencing pain. Don’t guess a date. Just say you cannot recall the exact date, but you can provide medical records or other documents for verification.
3. Getting Angry or Defensive
The defense attorney may try to make you angry or defensive during the deposition. However, it is crucial that you stay calm and professional. Even if the defense attorney asks a difficult or provocative question, don’t become angry or defensive. Such a reaction can make you appear less credible. Becoming angry or defensive can also lead to you giving away unnecessary information.
How to avoid this mistake: Do not take anything personally during your deposition. And, in the event you feel you are about to lose control, ask for a break.
4. Answering a Question You Don’t Understand
Once you give an answer, it can be hard to take it back. While you can try to explain that you did not understand the question, it may look like you are trying to cover up something you regret saying. Avoid answering a question that you don’t understand.
How to avoid this mistake: Seek clarification from the defense attorney if you don’t understand a question. You have a right to do so, and the attorney is required to either rephrase the question or offer clarification.
5. Answering Too Quickly
This mistake is related to the one above. Don’t be too quick to answer questions, as you might answer what you haven’t been asked or provide too much information.
How to avoid this mistake: Always take a minute to think about the question before answering. If you feel pressured to answer, simply say that you are taking your time to ensure you answer accurately.
Contact Us for Legal Help
Our skilled Tampa medical malpractice lawyer at Gunn Law Group P.A. can provide support and guidance throughout your case. Contact us today to schedule a consultation.
