The Health Care Provider's Guide to Facing the Malpractice Deposition

Introduction THE LAW AND LEGAL THINKING Metamorphosis A Historical Analogy A Striking Similarity The Moral Paradox The LMO - Legal Maintenance Organization The Garden of Eden Through The Looking Glass An Analogy Close To Home WHAT LAWYERS THINK ABOUT US THE STANDARD OF CARE A Jury of Our Peers To Err Is Human, To Forgive Takes Litigation The Common Denominator of Care The Butterfly Rule The Code of The Sinking Ship OUR OWN WORST ENEMY The Expert Witness The Immunity Dilemma Hope for the Future The Ten Commandments of Testimony WEIGHING THE ALTERNATIVES The Dirty Harry Principle Blood Money Making the Fat Lady Sing TELLING THE TRUTH The Cherry Tree Rule The Human Data Bank Relying on Our Memory PREPARING FOR THE DEPOSITION The Boy Scout Rule The Importance of Documentation Reviewing the Available Records Reviewing the Literature The Rehearsal Opening Night and the 15% Rule MEETING THE INQUISITOR The Chanel Rule Lights! Camera! Inaction! My Place or Yours? Body Language Listening With the Eyes THE INQUISITION The Main Objectives Establishing Delays Turning Debatable Issues Into Facts Spreading The Blame Common Forms of Interrogation In the Beginning Begging the Question Compound Questions Generalized Questions Untruths and False Assumptions Leading Questions Distracting Questions Hypothetical Questions Repetitive Questions Looking At Exhibits TRAPS TO AVOID The Skunk Principle Watch for Contradictory Statements Beware of Questions Asking You to Elaborate Analyze Compound Questions Carefully Resist the Temptation to Correct the Lawyer Answer a Question Only If You Understnad It Guessing Is Out Watch the Use of Adjectives, Adverbs, and Negatives Resist Being Limited to "Yes" or "No" Keep Your Thoughts to Yourself Listen for Accuracy in the Entire Question Answer Each Question Only Once Prepare for Anything Embarrassing Exude the Right Amount of Confidence GENERAL ADVICE Answer Truthfully Maintain A Neutral Attitude Listen For Objections Just Answer fhe Question Listen Carefully to the Question Answer Only fhe Question Asked Refrain from Memorizing Your Testimony Only Give Best Recollection of Facts Use Everyday Language Admit Lack of Knowledge Read and Sign Your Deposition AFTERWARD