[NPInfo] Deposition

[David Mittman]

PA Forum had a PA ask what goes on in a deposition. A PA/dentist answered
the question. Thought I¹d share.
Dave

A deposition is like a "private" Q&A session by either side in a legal
dispute.  I've given depositions as an expert when the timing was poor to
pull me out of clinic to have me give my expert opinion.  Usually, there are
just lawyers, a recording secretary/device, and you in a conference room.

Sometimes they just want you to "state the facts, m'am" in a case.  As I
say, I get called as an expert witness, and am usually "working for" the
prosecution.  Yes, you need to give them a $$ amount for hourly rate for
your services -- the lawyers will certainly charge for their time (to their
clients!)  Be prepared to fill out a county tax form to have them send the
$$ to you.

If it is a case you worked on, and there is a possibility of your doing
something wrong during the course of the case, I'd STRONGLY suggest you take
YOUR OWN (not the practice's, not the doctor's) lawyer w/ you to be sure you
SHOULD answer some of the questions.  Also, BE VERY CAREFUL how you answer
things -- "flippant" answers, exaggerations, use of colloquialisms, and
other "offhand remarks" can land you in trouble.  Answer ONLY the question
asked.  Avoid embellishing, or adding additional information that is not
requested.  Be sure you say EXACTLY what you mean.  The points from a
deposition may be used to bolster a case against you and/or your employer.
EVERYTHING you say will be recorded, even if you say "off the record?!?"
These depositions are considered as legal as if you are testifying in court.
So, don't say ANYTHING you don't REALLY mean (like, "yeah, the old bat was
grousing at me when I didn't give her the drugs she wanted".)  Avoid
emotional responses.  Think carefully, and if necessary, ask for the
question to be repeated (a common "lawyer trick" is to ask about 4 questions
together at once, so when you say "yes" to the last one, it seems as if you
mean "yes" to the first one on the list, too.)  Try to stay w/ "yes" and
"no" answers if possible.  The "yes, but..." things will get you into
trouble.

Hope that helps.  I know I sound very suspicious, but I'd rather you be
prepared for this than go in and get blindsided to where you end up losing
your job later.....