- Psychiatric Times Vol 25 No 9
- Volume 25
- Issue 9
The Defendant Psychiatrist’s Malpractice Deposition
After a formal complaint alleging malpractice is made, the discovery phase of the litigation process begins. Discovery is the process in which the parties to a lawsuit go about gathering information before trial. The rationale behind discovery is to reduce surprises at trial and to encourage settlement before trial. Methods of discovery include written interrogatories, requests for documents, and depositions of various witnesses.
How important is the defendant psychiatrist's deposition in a malpractice case? It could mean the difference between the suit being dismissed-or going to trial. Do not let the relatively informal nature of the deposition mislead: approximately 90% of malpractice cases settle before trial, and the deposition of the defendant doctor is often the turning point that determines the outcome of the case.1-3 If a case settles in favor of the plaintiff, the effectiveness of the defendant psychiatrist at deposition may determine whether the case settles for $300,000-or $1,000,000.
Deposition Basics
After a formal complaint alleging malpractice is made, the discovery phase of the litigation process begins. Discovery is the process in which the parties to a lawsuit go about gathering information before trial.4 The rationale behind discovery is to reduce surprises at trial and to encourage settlement before trial. Methods of discovery include written interrogatories, requests for documents, and depositions of various witnesses. A deposition is “a witness’s out-of-court testimony that is reduced to writing (usually by a court reporter) for later use in court or for discovery purposes.”5 The witness being deposed is referred to as the deponent, and the testimony is given under oath.6
The 2 general types of depositions are:
- Depositions to preserve testimony.
- Discovery depositions.