Expert Witness Resources
Deposition Preparation Cheat Sheet for Medical Expert Witnesses:
This cheat sheet helps medical expert witnesses prepare for deposition with confidence and clarity. It covers communication, qualifications, opinion defense, cross-examination tactics, and professionalism.
1. Background and Qualifications
Clearly state your full name, title, and medical credentials.
Be prepared to explain your clinical specialty, board certifications, and number of years in practice.
Know how many times you've testified as an expert and in what types of cases.
Have a brief, confident summary of your current clinical role and expertise.
2. Your Role as the Expert
Understand and state your role in the case (e.g., evaluating standard of care, causation,
damages).
Be clear about how you were retained, who contacted you, and what materials you reviewed.
Summarize your opinion and key findings accurately and without over-explaining.
3. Defending Your Opinion
Know what facts and data support your opinion.
Be ready to explain the standard of care and how it applies to this case.
Prepare citations or references that support your conclusions.
Clarify how your opinion is based on clinical knowledge and accepted medical principles.
4. Anticipate Challenges and Cross-Examination
Practice how to stay calm and professional under pressure.
Prepare for questions that may suggest bias or a lack of objectivity.
Be ready to explain if and why your opinion changed after reviewing new data.
Know how to acknowledge limits to your knowledge without undermining your credibility.
5. Explain Your Methodology
Be prepared to describe how you analyzed the records and what approach you used.
If challenged, calmly defend why your methodology is appropriate.
Distinguish your clinical reasoning from alternative explanations.
6. Handling Difficult or Misleading Questions
If asked about topics outside your expertise, say so clearly.
Clarify any hypotheticals that differ from the facts.
Correct mischaracterizations of your statements in a neutral tone.
Do not guess or speculate-only answer what you know.
7. Communication and Demeanor
Maintain a calm, professional demeanor at all times.
Use clear, concise language-avoid jargon when possible.
Pause before answering if needed to collect your thoughts.
Don't let interruptions throw you off-finish your thought if necessary.
8. Consistency and Accuracy
Review your prior reports and deposition history for consistency.
Be prepared to explain any updates or changes in your position.
Address any small errors in your report openly and honestly.
9. Know the Case Materials
Organize your notes and medical records ahead of time.
Be familiar with specific documents or data you relied on.
If shown an unfamiliar document, ask to review it thoroughly before answering.
10. Responding to Personal or Provocative Questions
Stay composed if asked about compensation, malpractice history, or personal beliefs.
Reframe or clarify emotionally charged questions before answering.
If you feel personally attacked, stay neutral and redirect to the facts.
Final Tips
If you don't know the answer, say "I don't know." That's okay.
Never volunteer extra information. Answer the question, then stop.
Do not let opposing counsel rush or pressure you into responses.
Remain confident in your clinical reasoning-and communicate it clearly.
