Frequently Asked Questions
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Who can be present at my deposition?

Routinely, those allowed include the parties to the case, their attorneys, a party’s claims adjuster or corporate representative, and a court reporter are the individuals present at a deposition. Other individuals can be present if everyone consents. The deposition is usually done in a conference room at a law firm.

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Who actually testifies at a medical malpractice trial?

Typically, the parties to the case (the plaintiff and the defendant physician) will give their testimony (i.e., their side of the story as to what happened).  In addition, the great majority of medical malpractice cases require the testimony of expert witnesses.  These witnesses are physicians or other health care providers who will give testimony as to whether the health care provider being sued complied with what is known as the “standard of care.”  The standard of care essentially is defined as what a reasonably prudent practitioner would do in similar circumstances.  These expert witnesses are extremely critical in explaining to and educating a jury as to the medicine involved in the case and whether the defendant was negligent in providing the health care services at issue in the trial.

 

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