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Preparing a Medical Witness for Deposition and Trial: A Different Approach
For the last 20 years, the standard of practice for preparing a medical witness in a medical negligence matter was to prepare the witness the day of or the day before the deposition, for one hour or two — and then move directly into the deposition. We don't know whether it was a focus on the costs of preparation or the belief that physicians and health care providers in general, because of the nature of the training and the use of the Socratic Method, meant that they were more a natural witness. It could have even been the thought that the witness, a doctor, was too busy to spend time preparing for something as trivial as a negligence lawsuit. Or, perhaps, the witness was being unavailable to counsel because the doctor did not want to face the issue.
Whatever the reason, the de-facto preparation period — one hour before the deposition — became the norm. Health care providers were essentially treated like any other party in any other personal injury matter, and witness preparation in brain-damaged infant matters was treated the same as a rear-end hit with soft tissue injuries. Obviously, in those situations where it was known that the witness would likely be a poor one, additional preparation was arranged, often with a professional witness preparation specialist; but even then, the typical practice was for the consultant to have a single meeting with the witness. And the typical attorney practice was to have one brief preparation period before or on the day of the deposition.
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