Outpatient Surgery Magazine

Unsung Heroes - November 2019 - Subscribe to Outpatient Surgery Magazine

Outpatient Surgery Magazine, providing current information on Surgical Services, Surgical Facility Administration, Outpatient Surgery News and Trends, OR Excellence and more.

Issue link: http://outpatientsurgery.uberflip.com/i/1183510

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Page 21 of 146

Rely on your attorney Consult with your attorney beforehand and have a solid game plan in place. Your attorney has likely been through many depositions and should be able to help prepare both your mind and your emotions about what awaits you in that room. She can't tell you what to say, beyond being truthful, but she can know the tendencies of the plain- tiff's attorney and let you know how he handles depositions so you don't fall into his traps. Be strong and confident Understand what the plaintiff's attorney is trying to do. If he's yelling at you, he's not really angry at you. He doesn't care about you. He's trying to see if it affects you, if your voice gets weak, if you avert your eyes. He is looking for anything that might make you seem less trustworthy in front of the jury. If you can stay in control and ignore his efforts to influence you, he'll be less likely to attempt mental tricks at trial. Bring documentation Juries will believe your written, typed or electronic record more than they will your verbal testimony. Your best defense to stop some- one from saying you did or didn't do something is to document that you did it. But only bring documents requested by the subpoena — nothing else. The reason documentation is so important is because juries believe that, at the time you were charting 2 years ago, you had no reason to lie. To the jury, your charting is an objective record they can refer- ence. In many cases, I've seen accurate charting save people from being found negligent. Charting can be a double-edged sword, however. It's not a good look to a jury if your charting is incomplete, inaccurate or says you did some- 1 2 3 Medical Malpractice MM 2 2 • O U T PA T I E N T S U R G E R Y M A G A Z I N E • N O V E M B E R 2 0 1 9

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