We’re On the Record: Three Tips for Your Deposition in Your New York City Medical Malpractice Case

When a New York City medical malpractice victim files a case in court for money compensation for their injuries against the doctor or medical professional who injured them, they may be faced with the next step of the litigation process: discovery. Indeed, once a New York City medical malpractice victim files a case in court for compensation, both they, and the defendant – that is, the allegedly negligent doctor or medical professional who injured them – are entitled to gather relevant information from each other that can later be used in support of their case. Part of the discovery process often involves taking an oral examination before trial of the parties, commonly called a deposition. But what exactly is a deposition in the context of a New York City medical malpractice case, and what can New York City medical malpractice victims do to prepare for their deposition in their medical malpractice case? To help New York City medical malpractice victims better understand this important aspect of the discovery process in New York City medical malpractice cases, we answer those questions here.

Depositions: What are They in New York City Medical Malpractice Cases

Depositions are part of the discovery process in a New York City medical malpractice case. A deposition is an oral examination of a witness under oath. Typically, a deposition in a New York City medical malpractice case will involve the deponent (the person who is being questioned under oath), their lawyer, the opposing counsel, and the court reporter, a third-party who is not interested in the litigation, and who is there only for the purposes of making a written transcript – or record – of the deposition.  At the deposition, typically, the attorney for the other side will ask the deponent questions about the issues in the case, documents and about other relevant information. The deponent’s lawyer can object to questions that are asked by the party taking the deposition. After the deposition, the court reporter will produce a book or transcript which the witness may review, make any changes, and that transcript becomes the official record of the witnesses’ testimony in the case. It can also be used at the time of trial as if the witness testified in front of a jury and the judge.

Three Tips for Your Deposition in Your New York City Medical Malpractice Case 

New York City medical malpractice victims may be interested in learning about how to best prepare for their depositions. First, it is a good idea to review the record in your case, particularly the complaint, bill of particulars, and any other documents that have been filed in the case. Second, keeping in mind that telling the truth in your deposition is important, as the deposition is taken under oath, and the court reporter will have you swear to tell the truth, on the record. Finally, discussing your case and your deposition notice with an experienced New York City medical malpractice lawyer is a good idea, and an experienced New York City medical malpractice lawyer can help you prepare for the questions likely to be asked at your deposition.

If you are in the New York City area and you need legal help with your New York City medical malpractice case, contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. Contact Michael Gunzburg, P.C., and speak to an experienced lawyer about your case now.

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About Michael Gunzburg

Michael Gunzburg is a New York City personal injury and medical malpractice attorney with over 37 years of trial experience. He has represented thousands of injured clients throughout New York City's five boroughs, securing numerous multimillion-dollar verdicts and settlements, including a $20 million structured settlement for a birth injury case and a $10.1 million settlement for a construction accident victim.

Michael holds a Juris Doctorate from Brooklyn Law School and is also a Certified Public Accountant, giving him unique insight into complex financial aspects of injury cases. He is admitted to practice in New York State Courts and the U.S. District Courts for the Southern and Eastern Districts of New York.

A member of the New York State Trial Lawyers Association and the American Association of Justice, Michael has argued cases before the New York Court of Appeals and has been a member of the Brooklyn Bar Association's legal referral panel since 1989. He handles cases involving car accidents, construction injuries, medical malpractice, and wrongful death throughout NYC.

The information in this post is for educational purposes and does not constitute legal advice. For specific guidance about your situation, contact Michael Gunzburg, P.C. at 212-725-8500.