RISK MANAGEMENT MINUTE - Handling a Deposition: Essential Advice for the Insured

Depositions are an integral part of the legal process, and they can often seem daunting, especially if you are the one being deposed. For those insured by the ChiroFutures Malpractice Insurance Program, we want to underscore the importance of being prepared and confident when facing a deposition. The process can be much smoother if you have the right insights and the backing of a solid malpractice provider.

Recently, we had a discussion with an insured individual about the finer points of being deposed. She was anxious, believing she would be subjected to a hostile interrogation. In reality, the deposition is not a criminal interrogation but an opportunity for her to provide her professional perspective on her treatment of a particular patient.

Here's the advice we shared:

1. Understand the Attorney Dynamics: The opposing attorneys might seem like foes, but they often have professional relationships outside the deposition room. They're doing their jobs, and in many instances, they get along quite well outside of the courtroom or deposition setting.

2. Be Prepared: Review all relevant files before the deposition. This is akin to an "open book" test. You should be comfortable in the deposition environment, with all necessary materials within arm's reach to aid your responses.

3. Avoid 'Word Vomiting': Over-explaining or talking too much can inadvertently lead to inconsistencies or unnecessary complications. Stick to concise answers. If a question can be answered with a simple "yes" or "no", do so. If they need elaboration, they'll ask.

4. Determine Your Fee: While we couldn't prescribe a specific amount, it's crucial to determine a fee that reflects the time and effort you'll invest in the deposition. Inform the attorney about this fee upfront. If there's any extension, ensure you have a rate for the additional time.

5. Know Your Worth: Some professionals worry about setting their fees too high, fearing it may deter attorneys. Remember, if your deposition is essential, you'll be compensated accordingly. Don't undervalue your expertise or time.

6. Separate Professional from Personal: If there's an outstanding bill at the practice where the patient was treated, remember that your deposition fee is distinct from any pending invoices. Your prior employer isn't entitled to any part of your deposition fee.

Lastly, while the anticipation of a deposition can be nerve-wracking, it's essential not to let stress overtake you. We at ChiroFutures Malpractice Insurance Program are here to support you. If you have concerns leading up to your deposition, don't hesitate to reach out.

Having a robust malpractice provider like ChiroFutures ensures that you're never alone in such situations. The right support can make all the difference, helping you navigate the deposition with confidence and poise. We wish you all the best in your professional endeavors.