|
Course Sample:
Introduction
According to the American Bar Association over 95% of cases are settled prior to trial. Therefore the deposition or sworn testimony in a case by one or more witnesses may be the single most important aspect of litigation. A deposition is a legal proceeding very much like a court hearing, held primarily in an informal setting. The deposition may be held in a person's home, a hospital, a doctor's office or at any of the attorney's offices opposed to court. The deposition is used to discover relevant facts in the case and to save the court time so that a significant amount of the testimony may not have to be gone through if a case must be tried. Deposition testimony is sworn testimony that carries the same force and effect as if it were given before a judge and jury. This testimony may be able to be used in court to later impeach the testifying EMS Provider. Many cases are settled after depositions are taken based on the testimony of the witnesses. The purpose of this continuing education offering is to provide the EMS Provider and other health care professionals with a blueprint of what to expect if they are noticed for a deposition.
The deposition is probably on of the most useful tools an attorney has to bring out the facts which he or she needs to prove their case. A case can be damaged, sometimes irreparably by a client or witness who is not prepared to be deposed. It can also be won on the same grounds. An unprepared EMS Provider can implicate themselves or others by not understanding the rules of a deposition. A deposition my uncover previously unknown facts about a case that may identify new defendants. Accordingly, the preparation for a deposition given by the EMS Provider, whether as a party or as a witness, cannot be over-emphasized.
Most depositions are taken for discovery purposes, which means the intent is to gather all information that the deponent has about the facts of the case. A deposition will also commit the EMS Provider to testimony, locking the deponent into a story. This allows the attorney to prepare other witnesses who will rebut the testimony or evidence at trial. In addition, because the testimony is set and sworn to under oath, if the EMS Provider being deposed is contradictory in their trial testimony the conflicting information may be used to impeach the EMT.
EMT's are subpoenaed with increasing frequency as deposition witnesses. Some EMT's are the named party in a lawsuit, some are named as employees of a defendant of an ambulance service, hospital or clinic and others are witnesses. Most of the testimony provided by EMT's relates to civil cases in personal injury, medical malpractice, and pre-hospital negligence. Criminal cases can include elder abuse, sexual assault and domestic violence. EMT's are also becoming expert witnesses and provide valuable testimony on the clinical practice and standard of care in the EMS community.
Other than a jury trial, a deposition is probably the most stressful events an EMS Provider will experience when being involved in the legal field. It may also be the most important. Follow these ground rules and your deposition should proceed smoothly with few complications.
It is important to prepare for the deposition by reviewing the patient care report (PCR) and going over any information that the attorney recommends. If you are represented by an attorney, insist on receiving deposition preparation. If you are not represented by an attorney, consider a consultation or hiring an attorney to represent you during the deposition. Always notify risk management and your immediate supervisor if you have been notified by subpoena of a deposition date and time. A word of caution: I recommend consulting with your own attorney. If the deposition is geared toward your own negligence you may be subject to being named as a party in a lawsuit and not just "one of the crew" at the scene or on the call. However, it is in the best interests of all parties that you be well prepared to give concise, clear and factual testimony. Remember that an attorney may be able to not only ask about an EMT's education, training and background but also about family, friends, conversations regarding the case, and past employers.
|
