What is a deposition?

A deposition can sound scary and daunting. What is the purpose of a deposition? I have already told my lawyer my side, why do I have to say it formally?

A deposition is taking an oral statement of a witness under oath before a trial. The lawyers for the hospitals or doctors you have sued will ask you questions about what happened and about your injuries.  This serves the purpose to find out what the witness knows and to preserve the witness testimony. The intended use is to allow the parties to have all the facts prior to trial.

You always want your story on the record. Typically, your lawyer, the defense lawyer and a court reporter are present during a deposition. Sometimes a videographer is present as well. A deposition is taken at the lawyer’s office, court reporter office, or a mutually agreed upon place. This is generally not done at a person’s home. Don’t be scared, just speak your truth. The truth will set you free. Don’t lie; you will get caught. This will only hurt your case and why would you want to do that? If there is something you are concerned about getting out, or being asked, tell your attorney right away so they can see what the right course of action is for you. Your lawyer is here to help and can answer any of your questions. If you aren’t fully informing your lawyer, she can’t help you.  Trust YOUR lawyers.  Don’t be embarrassed to share—they’ve heard it all before and nothing fazes them.

A deposition sometimes can take an hour and or can take all day. It really depends on what information is needed from you or a witness. Although it is annoying to take time off work or make arrangements to care for children, keep in mind a lawsuit is a serious matter that requires serious legal proceedings. Your lawyers are constantly working in your best interest. We are also taking depositions of witnesses against whom you are claiming wronged you.

If at any point you have a question about your case or what is happening, please ask. Sometimes it may feel like nothing is being done, but trust me, there are a lot of components into winning your potential case. Depositions, especially in medical malpractice cases, take a lot of time. Why, you ask? Many people have to be deposes—you, your family members who witnessed the events or know about your injuries, deposition of the doctors, nurses, hospital representatives who played a part in causing your injury or your family member’s death, as well as the experts who reviewed your medical records and will provide testimony as to who is at fault.

Please keep in mind, we don’t get your deposition back the same day; the court reporter and videographer must take what they have just typed/videoed and make into a legally bound document/flash drive that then it gets delivered to both the plaintiffs and the defendants. This process can take weeks.

If you have any questions regarding your potential medical malpractice case or questions about the deposition process, please call 713-529-1177 today.  Linda Thomas or Michelle Wan or their legal assistant would be more than happy to address any of your concerns.

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