Can Something I Say During a Deposition Hurt My Medical Malpractice Case?
Many of our clients ask an important question before their deposition:
“Can I say something that might hurt our medical malpractice case?”
The short answer is no, not unless you say something that affects the value of your loved one’s injuries or loss. Let us explain why.
What Is a Deposition?
A deposition is a formal meeting where lawyers ask you questions under oath. A court reporter writes everything down. It usually takes place in a lawyer’s office, not in a courtroom.
Even though this is an important part of your case, most of what you say will not make or break the lawsuit. Here’s why.
Medical Negligence Is Proven by Medical Records and Expert Testimony – Not What You Say
In medical malpractice cases, proving that a doctor or hospital made a mistake is not your job as a witness. That part of the case is based almost 100% on:
- Medical records
- Lab results
- Imaging studies
- Testimony from doctors and expert witnesses
This means that your answers at a deposition will not decide whether there was negligence. That issue is handled by our legal team and medical experts, using the facts in the records and the opinions of specialists we hire.
So What Can Matter in a Deposition?
There is one area where your words do matter: how your testimony reflects the harms and losses caused by the medical mistake.
Sometimes, without meaning to, people say things that make the loss or injury seem smaller than it really was. For example:
- Saying your loved one “didn’t really suffer” (even when records show they did)
- Minimizing how much they contributed to the family (financially or emotionally)
- Suggesting that you “moved on quickly” after their passing
Statements like these may give the defense an opportunity to argue that pain and suffering damages, lost income, or the value of a family relationship should be lower.
What Should I Focus on Saying?
Before your deposition, we will prepare you. In general, you should:
- Speak truthfully but avoid guessing
- Be clear and honest about the real pain, stress, and loss your family experienced
- Talk about what your loved one meant to you, your family, and your daily life
- Don’t try to argue the medical facts — that’s our job
Final Thoughts
It’s normal to feel nervous before a deposition. But remember:
In 9 out of 10 cases, your deposition cannot hurt the lawsuit — unless you accidentally downplay the loss.
That’s why we take time to meet with you before your deposition, so you feel confident, prepared, and supported.
If you ever have questions about what to say, just ask us. We are here to protect your case and tell your story in the strongest way possible.