Preparing for Deposition for Medical Malpractice Cases
Med mal deposition prep centers on isolating incremental harm, coordinating with causation experts, and defending the but-for baseline assumptions.
Checklist
- Confirm the causation opinion the damages experts relied upon
- Document the but-for baseline assumptions
- Review incremental harm isolation methodology
- Prepare on pre-existing condition analysis
Questions to ask the expert
- How did you isolate incremental harm from baseline?
- Which causation opinion did you rely on?
- How did you handle pre-existing conditions?
Timeline
2-3 preparation sessions given complexity.
Required documents
- Causation expert report
- Standard-of-care expert report
- Damages expert report
Common pitfalls
- Inconsistency with causation opinion
- Weak documentation of but-for baseline
Frequently Asked Questions
Are damages experts cross-examined on causation?
Not directly, but on whether the damages opinion is consistent with the relied-upon causation opinion.
References
- AHRQGovernment
Ready to Get Started on medical malpractice cases?
Contact KWVRS to discuss scope, timing, and the deliverables appropriate to the matter. Plaintiff and defense.