The Do's of Defense: Deposition and Documentation

Once a malpractice claim is filed, there are two critical factors in the establishment of your defense: your deposition and your documentation.

The deposition, which is testimony taken under oath before trial and preserved in writing, has the same force and effect as if it had been given in court.

Here are some tips on preparing for a successful deposition:

1. Meet with counsel early on and thoroughly discuss your care and the records.
2. Ask that the matter be reviewed by an expert prior to deposition to alert counsel and you to the potential areas of criticism or concern
3. Do not do "independent research" as preparation unless asked to do so.
4. Meet again with your counsel before the deposition to discuss the state of evidence, expert concerns and the specifics of the process.
5. Review your own entries and reports, and anything else that your counsel might suggest.
6. Do not speak with anyone other than counsel.
   

At the deposition:

1. Listen carefully.
2. Respond to questions briefly and concisely.
3. Remember to maintain attorney-client confidences.
4. Take a break if you become upset, lose focus or have a question.
5. Do not be defensive.
6. Be professional.
7. Be confident in the care you rendered.
   

As for documentation, here are some "Do's & Don'ts":
Do make neat, legible, complete and accurate entries.

1. Do describe acts and events accurately and concisely.
2. Don't get personal.
3. Do describe patient behavior, especially non-compliant behavior.
4. Do use quotes.
5. Don't use the chart to settle disputes or assign blame.
6. Don't back date, tamper with or add to notes previously written.
7. Don't refer to an "incident report" or an "unusual occurrence" report.