What Happens After a Deposition in a Medical Malpractice Case?

August 30, 2016

A deposition is a question and answer session outside a courtroom. Normally, an attorney will ask you questions and you respond honestly under oath. Everything that is said during a deposition is recorded by a court reporter who will later transcribe the data into a complete document. The injured party, health care provider, and witnesses are required to answer questions in a deposition for a medical malpractice lawsuit.

Medical Malpractice
All health care providers must adhere to the minimum standards of care. In a medical malpractice case, a health care giver is accused of creating harm because the treatment he/she gave fell below the threshold. If you decide to file a lawsuit, then you become the plaintiff whereas the health care provider you are suing becomes the defendant. The whole process of civil proceedings includes pleading, discovery, summary judgment, and trial, in that arrangement.

Discovery Phase
During this phase, both the defendant and the plaintiff collect evidence to build their case. A deposition is one of the procedures undertaken during this phase. The aim of a deposition is to uncover what the parties and witnesses know about the plaintiff’s injury. The health care provider and the defendant’s witnesses are usually questioned by the plaintiff’s attorney. The plaintiff and his or her witnesses will also have to be questioned by the defendant’s attorney. Where more than two parties are involved, all the parties and their lawyers can attend the deposition and ask questions.

After a Deposition
After the deposition ends, the court reporter prepares transcripts of the deposition and sends copies of the complete documents to the medical malpractice lawyers Toronto. Once the defendant and the plaintiff receive the transcripts of the deposition, they will go through them to ensure there are no errors and prepare for the next stage of litigation. While a deposition is carried out outside of court, it is a sworn statement that can be used as evidence in the summary judgment, trial, or settlement.

Uses of Deposition Testimony
Deposition testimony can be used in the summary judgment phase before trial. Here, a medical malpractice attorney for either party files a written document with the court asking the judge to dismiss part or all of the claims in the legal suit. Summary judgment is used to simplify or avoid a full trial, especially when claims made do not meet certain legal requirements. When a court gives summary judgment, the claims are cancelled. People can also use deposition to settle cases before it goes to trial. However, if a case proceeds to trial, the parties can use deposition to discredit each other or their witnesses.

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