Giving a Deposition?
What Doctors Need to Know!
Presented by:
Jeffrey Goodis, Esq.
jmg@thompsongoodis.com
Thompson Goodis Thompson Groseclose
Richardson Miller, P.A., St. Petersburg, FL
Alan S. Gassman, Esq.
agassman@gassmanpa.com
Gassman Law Associates, P.A.
Clearwater, FL
Rates of Payment
The difference between a
compensated expert witness and
a non-compensated witness of
fact.
Do you have your malpractice
insurance carrier involved if it
is a patient that you have
treated?
Program Goals:
 To inform physicians about giving
statements in anticipation of litigation and
depositions in litigation
 To provide physicians with multiple
strategies for success toward being seen
as a caring, compassionate, careful
physician
 To avoid the God Complex!
BACKGROUND:
 What is a deposition?
 Oral testimony taken under oath in response
to questions posed by attorneys
 Often video taped
 Testimony is transcribed but the Judge/Jury
are not present - only the lawyers, the
witness, the court reporter and a
representative of each party are usually in
attendance
 The transcript and/or video is ALWAYS
available for use at trial if you are a PARTY
BACKGROUND:
 What is the purpose of a deposition?
 Fact finding – to discover the contents of trial
testimony ahead of time
 To pin down your story to eliminate surprises at trial
 To try to evoke misstatements as an opportunity to
show that you are dishonest or untruthful at trial
 To get an overall impression of you as a witness to
determine what effect you will have on the jury
Location, Location, Location
Let’s go to the videotape……
The power of the subpoenaed
a/k/a how is the food in jail?
DEPOSITIONS ARE
SERIOUS BUSINESS
THE GOAL IS FOR YOU TO BECOME
A CONFIDENT, INFORMED, SOLID
AND UNSHAKEABLE WITNESS
DIFFERENCES BETWEEN
TESTIMONY
IN A DEPOSITION
AND TESTIMONY AT TRIAL
TIPS FOR A
SUCCESSFUL
DEPOSITION
ATFQ
BE HONEST
BE RESPECTFUL
BE PATIENT
UNDERSTAND & REPHRASE
NO GUESSING
OR SPECULATION
“I don’t know”
“I don’t recall”
CORRECT YOUR MISTAKES
BUT…DON’T CORRECT THE
PLAINTIFF’S ATTORNEY’S
MISTAKES
THE VIDEO DEPOSITION:
LISTEN & LOOK
LISTEN…
TO YOUR ATTORNEY
TO THE OTHER ATTORNEYS
TO YOURSELF
OBJECTIONS
SPEAKING
VS.
FORM
KISS/KISS
REFER TO THE PATIENT AS
MR./MRS.
USE “I” INSTEAD OF “WE”
“NO, NO, NO”
“YES, YES, YES”
A ROLE PLAYING GAME
ROAD BLOCKS
KEEP OTHER PROVIDERS
IN THEIR “CABINETS”
DIAGNOSE & DISENGAGE
THE HYPOTHETICAL
QUESTION
QUESTION THE HIGHLY PAID
& HIGHLY TECHNICAL
ACKNOWLEDGE
THE OBVIOUS
DO NOT AGREE TO
VIOLATIONS OF THE
STANDARD OF CARE
DO NOT AGREE TO THE
AUTHORITATIVE NATURE
OF A TEXT
…INCLUDING YOUR OWN!
RETROSPECTIVE
VS.
PROSPECTIVE
INFORMATION
PROVIDED EARLIER
OR
NOT PROVIDED
DIFFERENTIAL
DIAGNOSIS