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Can I Be Present at the Deposition When My Doctor Answers Questions?

Yes, you can and should be present. After a lawsuit is filed, the normal course of the discovery process is to have the depositions of all parties and witnesses be taken. This includes the questioning of the defendant doctor in a medical malpractice suit. This is the opportunity for your attorney, when deposing the defendant doctor, to get the doctor’s version of the events leading up to your injury on the record. As a victim of malpractice, sitting in on a deposition of the defendant in any case can be an emotional experience. Nevertheless, it is your attorney’s role, not yours, to ask the questions of the defendant, or of any other witnesses. You can however discuss questions you feel are important with your attorney before the defendant doctor’s deposition, and you can always get a copy of the deposition transcript afterward. But your attorney will take the lead in the questioning.

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