A: First, a deposition is a question and answer session, given under oath. Second, the deposition, also known as an examination before trial, is part of the discovery phase of a lawsuit in a negligence, medical malpractice or wrongful death case here in New York.
Most doctors still have not transitioned over to electronic medical records. That means their office records are hand-written and often incomprehensible. In order for our experts to truly understand everything done by the doctor who is being sued, it is important for the doctor to tell us, exactly, word-for-word, what he wrote and what the significance is.
This way, when we send the transcript to our expert, they will know precisely what the defendant doctor did and why. There is no longer any guessing what a word says or means.