Deposition Basics

At times, clinicians may be subpoenaed to provide deposition testimony in legal proceedings on matters where they are not a party, but are involved in the assessment and/or treatment of a client who is involved in a legal action.  The following is a brief overview of the legal process with tips to help prepare for and provide deposition testimony.    

What is a deposition?

A deposition is a discovery tool in which one party asks questions of the other party or a witness.  An appearance is by notice or service of a subpoena.  While a deposition is often held at an attorney’s office, the proceeding is conducted under oath just as if the testimony was being given in a courtroom before a judge. The proceeding is held on a formal record.  A court reporter will record the testimony verbatim.  A transcript of the proceeding will later be sent to the witness to review, make any necessary corrections on an errata sheet, and sign. 

Why are you being deposed?

Depositions are one of the most effective fact-finding tools in litigation.  It is utilized to learn new information, and gather testimony that can provide foundation, insight, and expand upon documented records in the case. As such, depositions are routinely used by attorneys, and should not be a cause for concern.   While our hope is that a client’s documented medical record speaks for itself, an attorney may very well still seek a deposition to learn more.

If subpoenaed, is an appearance required?

Yes. Never ignore a subpoena.  Ignoring it will not make it go away.  Absent a court order granting a motion to quash, or the subpoenaing attorney agreeing to waive the deposition, an appearance is required.  Failure to appear could result in fines and/or being held in contempt of court.

Is legal representation necessary?

No.  Thriveworks clinicians are generally not the “target” of the claim, so there is no need for legal representation at the deposition.  Rest assured, the attorneys asking the questions will most likely conduct themselves in a civil, courteous, and professional manner. 

Are there confidentiality/privacy concerns with testifying?

Absolutely.  We must be sure our clients’ privacy rights are always protected.  To guard against an unauthorize release of information, prior to testifying, the clinician must always secure a Thriveworks’ Release of Information (“ROI”) duly executed by the appropriate individual. If one cannot be obtained, then your answers to any questions would be that you "cannot confirm nor deny anyone is your client without proper written authorization."