APMA News - October 2012 - (Page 64)

Insurance Advisor By William F. Munsey, DPM 13 Tips on Deposition Conduct A reader writes, “Unfortunately, a majority of doctors will become part of a malpractice action at some point, regardless of how well-trained and careful they are. When I was confronted with a lawsuit, it took its toll emotionally and affected the way I practiced, but it also made me appreciate the support from the Podiatry Insurance Company of America (PICA) staff through the 18-month ordeal. “Knowing that depositions are often the most important component of the discovery process, I was, naturally, apprehensive. The defense lawyer assigned by PICA answered all of my questions and spent several hours preparing me for the deposition. Particularly helpful were the following guidelines of conduct: 1. Be truthful. The most important thing you can do is to tell the truth. Remember, you are testifying under oath under the penalty of perjury. 2. Exercise courtesy and good manners regardless of the behavior of the other parties. Remain professional, calm, and unemotional at all times. Don’t let the opposing attorney upset you. His or her questions may be deliberately framed to provoke you. Never argue with the opposing attorney. Remember that the opposing counsel will be evaluating you constantly. You must therefore take great care in your appearance, manner, and remarks at all times. 3. Take your time and think about each question before answering. Don’t answer a question until it is completed and you understand it. If the question is unclear, ask the examining counsel to repeat it or phrase it in clearer language. Do not rephrase the question; do not change the question. If you are asked about a specific document, request to see the document and read the pertinent portions before responding. Remember, your answer is being recorded and may be entered into evidence at trial. 4. Don’t supply information not requested in the question, even though you may think it is relevant. If the examining counsel does not ask you all you know, do not volunteer information. Realize that what you say will be given to the plaintiff’s expert witness, who may use your deposition testimony to discredit you during the trial. 5. If you do not know or do not recall the answer to a question, simply say, ‘I don’t know’ or ‘I don’t recall.’ Do not feel just because a question is asked, you are expected to know the answer to it. Do not speculate or assume. 6. You can be required to give a simple yes or no answer, but you will always have an opportunity to ex64 APMA News October 2012 7. 8. 9. 10. 11. 12. 13. plain your answer if it needs an explanation, or if a yes or no answer is misleading. If the examining counsel cuts off your explanation, you should state that you have not finished your answer and insist on being allowed to do so. Opposing counsel may try to paraphrase or summarize what you have already said. Be alert and listen carefully because the paraphrasing may not exactly match your previous testimony. If the examining counsel asks a question that assumes a fact that you do not agree with, do not answer the question. Either ask that the question be rephrased or point out that you do not agree with the fact(s) contained in the question. You may confer with your attorney during the deposition. Consultation is especially important regarding matters of privilege or confidentiality. Stop speaking when your attorney makes an objection to a question posed. A break or recess may be requested at any time; however, opposing counsel may choose to note any conference on the record, so recesses should be minimized. Don’t be afraid to admit that you had conferences with your attorney about the case. If the examining counsel asks, ‘Did your attorney tell you what to say at the deposition?’ you should answer in a serious tone of voice, “My attorney told me to tell the truth.” Don’t give humorous, facetious, or sarcastic answers. Such answers may take on a very different tone in the printed deposition transcript. Avoid statements that could malign your patient. Even if the patient is not present at your deposition, the plaintiff may be provided a copy of your testimony. Such statements, regardless of their truth, will only intensify any animosity that exists between you and the patient and inhibit resolution of the dispute. Answer questions in an understandable fashion. Gestures and expressions such as ‘uh-huh’ are not recordable. “Even though my case ended with a defense verdict, it took an emotional toll. The PICA defense team was there all the way, for which I am grateful.” n Contact Dr. Munsey at wfmunseydpm@gmail.com.

Table of Contents for the Digital Edition of APMA News - October 2012

APMA News - October 2012
President’s Message
Contents
The National Celebrates 100 Years Advancing Podiatric Medicine
Annual Scientific Meeting Sponsors
Annual Scientific Meeting Registration Form
National Residency Facilitation Project: How Are We Doing?
In Memoriam: Irvin O. Kanat, DPM
ICD-10-CM Effective Date is October 1, 2014
REdRC Subscription Fee Waived for 2012–2013 Residency Year
2012 Podiatric Practice Survey: Benefi ts Received by Respondents
APMA By the Decade: 1992–2001
Reimbursement
Federal Advocacy Forum
List of Cosponsors to the Equity and Access for Podiatric Physicians Under Medicaid Act
APMAPAC Chair Report
IT Consultant
Website Wisdom
Small Business 101
APMA All Stars
In Short
Resolutions Deadlines
Worthy of Note
Affiliates Corner
CPME Invitation for Comments
List of Affiliated Organizations
Insurance Advisor
Member Affinity Programs
New Members
Death Notices
APMAPAC Update
Development Update
Classified Advertising
Dates to Remember
Advertising Index
10 Questions
Your APMA

APMA News - October 2012