If you are a physician facing a malpractice lawsuit in New York, the examination before trial (EBT) is often the most critical stage of the discovery process. Your approach to this could be the difference between a favorable outcome and a costly verdict.
The goal is not to win the argument or protect your professional identity. It is to give clear, limited testimony that matches the medical record and holds up in court. Understanding how to prepare for a deposition helps protect your reputation and your case.
What is an EBT?
This is the deposition or the formal session where the plaintiff’s attorney asks you questions under oath. The EBT’s purpose is to find the facts and lock in your testimony for trial. In New York, these transcripts are generally as powerful as live testimony.
Pre-deposition preparation
Prior to the EBT, it is best to review your chart. Mastering the clinical narrative of your medical records without memorizing it can help ensure your testimony sounds more natural rather than rehearsed.
During meetings with your lawyer, you can collaborate to align your medical expertise with the legal theory of the case. This can help you anticipate and address the opposing lawyer’s questions without losing your credibility.
The golden rules of testimony
A deposition or a courtroom usually requires a different communication style from clinical practice. To safeguard the integrity of your testimony, implementing the following behavioral strategies will help you maintain control of your side under pressure:
- Listen and pause: Waiting for the plaintiff’s attorney to finish their question before speaking can help you process it fully and grant your lawyer time to object.
- Be literal and brief: Answering only the specific question asked is sufficient without volunteering extra information that can incriminate you.
- Avoid guesses: Stating that you do not know the answer or cannot recall a detail is generally safer than speculation.
- Control your emotions: Maintaining a calm and objective tone can help keep the jury’s focus on the facts of the case.
Following these rules during a deposition is key to ensuring that your testimony remains clear, accurate and holds up under the court’s scrutiny.
Avoiding the “what if” pitfall
During a deposition, opposing lawyers may often present you with hypothetical scenarios to force an admission that you breached the standard of care. Protecting your testimony means learning how to recognize this as a setup. It is wise to steer the conversation back to the specific clinical realities of your actual patient’s case.
When the facts matter
Ultimately, an EBT is an opportunity to tell the truth about your patient’s care in a clear, controlled manner when facing medical malpractice claims. You and your attorney can work together to help you present a testimony that is both medically sound and legally defensible.
