Claims FAQ: Depositions

Published on:

Originally Published February 2012 in The Exchange – Issue 1

“An attorney subpoenaed my deposition testimony in a medical malpractice case. I’m not a named defendant and don’t believe it’s a big deal. Do I need representation? What’s my liability risk?”

MIEC recommends against a physician testifying in a medical malpractice case without personal representation. Depositions are adversarial and the primary objective is to gain information regarding the care provided. Plaintiffs’ attorneys, as well as the attorneys of other physician defendants, are not your friends during this process and they will not protect an unrepresented physician’s interests. Their obligation is to their own client and identifying additional defendants is a risk of this process.

MIEC’s experience has clearly illustrated danger in these scenarios. On numerous occasions, physicians have testified in depositions without representation and were subsequently named as defendants in the cases because of their testimony. They did not have counsel there to intercede for them when their testimony proved to be incriminating.

We remind policyholders to call MIEC when approached by an attorney to testify in any type of medical malpractice case. Our claims representatives are here to help you. We will research the situation and, if necessary, assign an attorney to protect you.