Depositions In New York Medical Malpractice Cases: Proving Your Case


There are many important parts of any lawsuit, specifically a New York medical malpractice case. Everything from the pleadings, expert disclosure, and motions in limine prior to a trial are important. But one of the most important parts of any lawsuit, especially a medical malpractice case, are the depositions. This is where a personal injury case can be made or broken.

A deposition is also known as an examination before trial and is oral questions. There is a stenographer who creates a record of the questions asked and the answers. The actual plaintiff and the actual defendant is present. Each side’s attorney is also present with the party. There may be other witnesses for each side called, or non-party witnesses.

Usually the plaintiff (the actual party) is called first and the defendant’s attorney asks the questions. If there are other defendants they may ask questions too. Normally the party’s own attorney will not ask any questions, because that attorney can just get an affidavit from his or her client.

After the plaintiff and the plaintiff’s witnesses are deposed, the defendants get deposed by plaintiff’s attorney. This could be the actual defendant, like the doctor, or a representative on hospital policies, or a fact-witness. These are all very important because they help prove a plaintiff’s case or dispel defenses.

Medical malpractice cases are won or lost at depositions. This is because a plaintiff who is injured could get cornered and defeat his or her case. Even if the liability is unquestionable, damages are very important to get compensation. If a plaintiff testifies to not having that severe of injuries or that the pain and suffering is not so severe, that can completely defeat an entire case.

Alternatively, a defendant doctor can completely break down during a deposition. Many times a doctor may be arrogant or believe what he or she did was not wrong. It can be easy to trap some defendant doctors too and get them to admit certain facts that they probably should not. Alternatively, using them as an expert witness against themselves is a good way of proving your case. This requires an experienced medical malpractice attorney to win your case.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at