nice at some points and a bulldog at others. It's all meant to disorient
you and make you say something you don't want to say. At the start of
a deposition, a lawyer will often state, "I'm going to ask you a ques-
tion. If you don't understand it, let me know and I'll rephrase it."
That's the opening where you can start controlling the process. Ask
him questions. Ask him for clarification. Now you're making him
think on his feet to rephrase questions, which disrupts his strategy.
If he says, "Tell me about your conversations with the patient,"
respond with "What do you mean by conversations?" Narrow down
the scope of his question so you can give an honest answer and never
speculate about the meaning of a question. Ask for clarification. If
his question is vague, and you assume what he's asking for rather than
absolutely knowing, you may give an answer that's not related to what
he wanted and inadvertantly give him information he can use to trip
you up on the witness stand.
Also watch out for rhythm questions. Often the plaintiff's lawyer
will start the deposition by asking you several easy questions to get
you into a comfortable routine. Then he'll ask an illegal question,
hoping you'll give him information he shouldn't have. Pause and
turn to look at your attorney after each question. That will give her
a chance to object if something is wrong.
Many times the plaintiff's attorney will remain silent after you finish
your answer in hopes you'll think you need to say more. Understand
what he's doing and patiently wait for the next question. Keep your
comments focused on the particularities of the case. If the attorney
asks about something that doesn't pertain to the lawsuit, ask for clari-
fication and wait for your attorney to intervene.
OSM
Mr. Duffy (williamduffy6967@comcast.net) is program director of nursing
and healthcare administration at Loyola University's Marcella Neihoff School
of Nursing in Chicago, Ill.
Medical Malpractice
MM
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