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ForwardDeposition Dos and Don’ts: What Every Clinician Should Know
Course description
Litigation is inherently stressful for healthcare professionals named in a lawsuit. While your legal counsel manages the day-to-day demands of the case, your sworn testimony – particularly during a deposition – remains one of its most critical components.
Whether you’re facing your first deposition or have been through the process before, there is always more to learn about how to effectively prepare and respond with confidence. This presentation goes beyond the basics of telling the truth and acting professionally as it explores key nuances, including the difference between testifying as a party defendant versus as a non-party treating physician.
Join defense attorney, Sarah Ann Ferrill, as she provides guidance and examples drawn from 17 years of experience in medical negligence litigation.
Learning objectives
At the conclusion of this learning activity, participants will be able to:
- Describe the essential steps physicians and clinicians should take to prepare for a deposition
- Identify the distinction between custom and practice questions and memory questions
- Define the standard of care applicable to your practice
- Summarize strategies for identifying and professionally responding to confusing questions, abusive conduct and interruptions
- Recognize when to limit responses and when to provide narrative answers during deposition questioning
- Explain how a healthcare professional’s testimony at a deposition may be used at trial in lieu of live testimony
Target audience
Physician and clinician policyholders
Disclosure
The planners, faculty, and others in control of content have no relevant financial relationships with ineligible companies.
CME information
This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the Illinois State Medical Society and ISMIE Mutual Insurance Company. The Illinois State Medical Society is accredited by the ACCME to provide continuing medical education for physicians.
The Illinois State Medical Society designates this live activity for a maximum of 1.00 AMA PRA Category 1 Credit™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
The Illinois Nurse Practice Act rules deem CME credit provided by approved sponsors as acceptable to fulfill nursing continuing education requirements for licensure. Nurses may claim one contact hour per unit of CME in the state of Illinois.
Additional information
The recommendations contained in this resource are not intended to define conduct that is appropriate in every case, should not be considered as establishing any standard of care, and do not constitute legal advice. Physicians, clinicians and healthcare providers should take care to ensure that all care rendered reflects the best clinical judgment and complies with the laws and regulations of the state or location at which the care was provided.
Sarah Ferrill, JD
Sarah Ferrill, JD, is a partner at Swanson, Martin & Bell, LLP. While Sarah maintains a diverse civil litigation and trial practice, over the past 15 years she has dedicated the majority of her career to medical negligence work. She represents hospitals, physicians, physician groups, nurses, and other healthcare professionals as well as product manufacturers, public utilities and state employees in cases involving allegations of wrongful death, birth injury and other catastrophic injury from the pre-suit investigation stage through trial. She has tried catastrophic injury, wrongful death and premises matters to verdict as lead counsel.
Prior to joining Swanson, Martin & Bell, Sarah worked at a prominent plaintiff's firm in Chicago, where she gained extensive experience in litigating wrongful death, personal injury, products liability and medical negligence cases. Leveraging her past experience to quickly identify case themes, strengths and weaknesses, Sarah recognizes the necessity of early and accurate case assessment and negotiates resolution of challenging and complex matters, where appropriate, to a favorable outcome in both state and federal court.
Sarah co-chairs Swanson, Martin & Bell 's Associate Education and Advancement for Women in Law Committees and is actively involved in the Recruiting Committee. She also serves as a mentor in the firm's Summer Associate program. Outside the firm, Sarah is a member of the Chicago Bar Association's Judicial Evaluation Committee, Illinois Defense Counsel, American Society for Health Care Risk Management, and Chicagoland Healthcare Risk Management Society where she recently served as President and remains on the Board. Additionally, Sarah is a member of the Illinois Society of Trial Lawyers and has been nominated by her peers for ongoing inclusion in the Best Lawyers network.
Sarah is a frequent presenter at hospital and medical society meetings as well as bar association and legal society meetings on a range of litigation topics.
Available Credit
- 1.00 AMA PRA Category 1 Credits™
This activity has been planned and implemented in accordance with the accreditation requirements and policies of the Accreditation Council for Continuing Medical Education (ACCME) through the joint providership of the Illinois State Medical Society and ISMIE Mutual Insurance Company. The Illinois State Medical Society is accredited by the ACCME to provide continuing medical education for physicians.
The Illinois State Medical Society designates this enduring material for a maximum of 1.00 AMA PRA Category 1 Credits™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.
- 1.00 Discount Credit
- 1.00 Participation Credit