Medical Malpractice - Mock Deposition-Medical Malpractice

Video Transcription

Video Summary

Andrew Lynch and Dr. John McDonough give a practical introduction to depositions, drawing mainly on medical-malpractice practice in Rhode Island and Massachusetts. They explain three roles a clinician may have: fact witness, named defendant, or retained expert. Depositions are sworn, recorded question-and-answer proceedings; testimony may be used to establish timelines or challenge a witness’s later statements at trial.<br /><br />Lynch outlines the process—from receiving a notice or subpoena and preparing with counsel, through questioning and reviewing the transcript. He advises nonparty witnesses to seek counsel, take breaks, and schedule depositions when they are rested. Clear medical documentation is important because records may shape how others interpret a clinician’s decisions.<br /><br />Key guidance includes telling the truth, listening carefully, pausing, and answering only what was asked. Don’t guess, volunteer information, accept inaccurate summaries of your testimony, or claim to remember something solely because it appears in the chart. “I don’t recall,” “I don’t know,” and requests to clarify a question are appropriate. Witnesses should distinguish personal memory from what the record shows, explain their role and reasoning in plain language, and stay within their expertise.<br /><br />A mock deposition demonstrates how questions can probe propofol use, sedation monitoring, documentation, and whether care met the standard. The case ended in a defense verdict. In the discussion, speakers address insurance coverage, changes in standards of care, the possibility that a fact witness may later become a defendant, and the importance of consistent documentation and terminology for anesthesia types.

Keywords

depositions

medical malpractice

witness testimony

clinician roles

fact witness

named defendant

retained expert

document review

standard of care

medical documentation