thing before you actually did it. Don't falsify documents to bolster your
case because there's a very good chance you'll be exposed as a liar.
Tell the truth
Be accountable for your actions. If you lie during the deposition,
and it gets found out, your reputation, as well as those of your facility
and the other people involved in the lawsuit, will be damaged. It's not
worth it.
Remember, in negligence and tort law, the winner simply has the
greater weight of evidence on their side. In criminal law, guilt must be
proven beyond a reasonable doubt. In a civil trial, it's just who the
jury believes more. If it's 51% to 49% in the jury's mind, that will decide
who wins.
If a case is going to trial, the plaintiff's lawyer wants to make you
seem less trustworthy. He'll parse your deposition for gaps in your
charting or statements that can trip you up and cast doubt on your
claims. When you say, "This textbook is an authority to me," they'll
look for something in that textbook you didn't do with the goal of
planting a bit of doubt in the jury's mind.
Don't embellish what you did to try to look like the ideal provider. In
reality, you only have to show you acted in the same manner as what
an average nurse would have done in the same circumstance. You do
not need to be perfect in your practice. Tell the truth and be comfort-
able with it.
Rule the room
A deposition is an opportunity for the plaintiff's lawyer to scout
you for personality weaknesses he can exploit during trial. Don't be
timid or passive, and don't surrender to his process.
The lawyer will be skilled at playing mind games. He's going to be
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