Introduction
In matters concerning medical negligence litigation that is active before the courts, depositions usually seem to be the order of the day. In a way, the deposition determines the way the lawyer representing the client prepares the case for trial. The scope of this article is medical malpractice depositions explaining when they are taken, the purposes they serve, and some other factors that are also important to the overview of a deposition like overview of the deposition summaries. In addition, we will consider the role of the reviewing services of medical records in facilitating the attorney’s preparedness for the deposition and what needs to be done to prepare for it.
Importance of Depositions and Their Summaries
As for other medical malpractice procedures, depositions and their summaries have great importance as they provide information that can be critical in accomplishing many objectives during litigation.
Importance of Depositions
Aids in Understanding the Case: While preparing the case, relevant witnesses and evidence that are critical are gathered and depositions are one of the sources that assist in gathering information.
Impeachment Evidence: When a witness changes his/her evidence and actively contradicts the deposition in the course of the trial, he or she can be impeached with the deposition.
Settlements: The information produced during the deposition will assist in obtaining a better settlement for the client.
The Purpose of Summaries of Depositions
A deposition summary is a document that is prepared in relation to the deposition and contains its main points and issues. These summaries, however, are useful to the other side that requires them to prepare for the trial and settlement negotiations.
• Cost-Effectiveness: Because summaries give the needed information without having to read through the entire transcripts, they will save a lot of time and effort.
• Scheduling: Such convenient summaries will greatly help attorneys formulate their strategies considering the enumerated strengths and weaknesses of each argument.
How Summaries of Depositions are Prepared
In preparing the deposition summary, a number of steps need to be followed and these steps should be performed carefully to ensure the summary is of high quality. This is generally known as the process:
Steps in the Process of Preparing Summaries of Depositions
- Transcribing. A recording is made of everything said in a deposition and this transcript is what is created following the deposition:
- Examination. The purpose of the attorney examining the transcript in detail is to assist them to create a strategy in regard to the important parts of the case, the relevant ideas, and the pertinent testimony.
- Summarization. The significant subpoints of the report are forward and organized within the report itself which is concise and has sub parts for easy identification.
- Analysis. The report is studied with a view to its context in the case and what it could bring out in favor of the case and what could be weaknesses which it might cause during trial.
How Medical Records Review Services Enhance the Deposition Process
These services can prove to be very important for lawyers dealing with medical malpractice litigations. With these services, malpractice attorneys claim maximally capture all relevant information during depositions with thorough analysis and organization of medical records.
Benefits of Medical Records Review Services
• Expert Analysis: Trained professionals are able to pinpoint crucial elements of a case that exist within complex medical records, bring attention to information that matter.
• Time Efficiency: Medical record review services allow attorneys to shift their focus to other facets of case preparation, thereby saving time.
• Comprehensive Reports: Medical records review services provide detailed reports with findings from the review, which help the attorney in the preparation for the deposition and trial.
How Can Attorneys Make Depositions Work For Their Advantage In Their Case?
*Spot Counting Deficiencies: This discovery process can actually be utilized against the shortcomings that have been identified in the opponent’s narrative.
*Gather Expert Opinions: Expert testimony that sustains the blame for negligence in medicine is required to successfully win the case.
Case Studies
Case study 1: Frequent case of a surgical mistake
Overview of the case: A patient was diagnosed for a typical surgical procedure but because of a mistake by the surgical operator, the patient suffered from surgical complications.
Challenges: The major challenge that had to be overcome was acceptance of the undue deviation from the standard of care by the surgical team.
Solutions: The attorney proved the occurrence of negligence by deposition of the surgical team and employing expert evidence from the witnesses.
Case study 2: Delay of treatment due to wrong diagnosis
Overview of the case: An individual patient was diagnosed with a lesser illness, which led to a delay in carrying out the necessary treatment.
Challenges: Prove that the misdiagnosis was a direct factor to the injury sustained by the patient.
Solutions: The answers to the case study lie in the depositions of the attending doctor and other treating physicians because they showed the steps taken in the diagnosis and routine care processes. Unfortunately, in most cases, these doctors do not pay attention to their patients.
Conclusion
Systematic review of the literature does not always provide information about the standard procedure for depositions in medical negligence cases because this is critical for litigators actively involved in medical malpractice suits. The medical records review service needs to be improved in the collection and processing portions so that the obtained conclusions are weighted towards enhancing the chances of winning the court trial. This document will prepare lawyers and law practitioners to better perform their roles in respect of clients’ representation.