What To Expect During a Florida Medical Malpractice Deposition
If you have filed a medical malpractice lawsuit in Florida, one of the vital steps in your case will be the deposition. In Florida, the deposition is a part of the discovery phase. For many claimants, depositions can be intimidating. However, understanding what a deposition is and what to expect can boost your confidence and help you prepare. In this article, we discuss what a deposition is and what you can expect during a deposition.
What Is a Deposition in a Malpractice Case?
Under Florida’s Rules of Civil Procedure, a deposition is a part of the discovery phase. A deposition allows both sides to exchange information before trial. It is a formal Q&A session conducted under oath, typically held in an attorney’s office (or these days often via videoconferencing) rather than a courtroom. Depositions are conducted under oath, with the opposing attorney asking questions to the deponent (the person being deposed). A court reporter records every question and answer.
Depositions help avoid surprises at trial. A deposition allows attorneys to gather facts, clarify details, and assess the strength of the case. In a medical malpractice case, depositions typically focus on the patient’s medical history, the treatment received, the alleged negligence of the healthcare provider(s), and the impact of the error or injury on the patient’s health and life.
It is crucial to note that while depositions are not as formal as courtroom testimony, they are still a serious matter. Remember, you will be deposed under oath. This means that your answers hold the same legal weight as if you were testifying in court, in front of a judge.
What To Expect During a Deposition
While depositions take place outside of court, you can expect a structured setting. Here is what to expect during a Florida medical malpractice deposition;
- Introductions and Oath: First is the introductions of the present parties, and then taking the oath.
- Questioning: Then, the attorney will ask questions covering different details about the malpractice, your injury, medical treatment, and the impact on your life.
- Breaks: If you need a break, you can request it. However, there are usually scheduled breaks that can last between 5 and 15 minutes.
- Recording: The court reporter will transcribe the deposition. This transcript can be later used in court as evidence.
- Objections: Your attorney has the right to raise objections to certain questions they find improper or irrelevant.
It’s vital to note that lying under oath can not only adversely affect the outcome of your malpractice case but can also lead to a criminal charge called perjury. This offence carries severe penalties in the state of Florida.
What Questions Might You Be Asked?
In a medical malpractice case, the defendant’s attorney may likely ask questions revolving around;
- Your medical history
- Details of your injury or illness
- The medical facilities or healthcare providers you visited
- How your life has been affected
- The financial and non-financial damages you have suffered
The above is not an exhaustive list of the questions you may be asked. The defense attorney will ask broad and detailed questions that can enable them to assess your credibility and gather as much information as possible.
Contact Us for Legal Help
A deposition may sound scary, but with the proper legal support, it can be a chance to strengthen your case. Contact our Tampa medical malpractice lawyers at Gunn Law Group P.A. for help strengthening your case.
