Asking the Right Questions

Depositions are often a crucial part of any case.  The success of a case, the ability to uncover additional information to help your case, and the discovery of information that will support impeachment at trial, often rises and falls with a  deposition.  While most depositions start with a thorough outline, the outline should serve as a starting point and not the be all end all.  It is oftentimes, the very best information that come from the following questions not found in ones deposition outline. 

During a recent deposition of a personal injury plaintiff, it was uncovered that a significant medical procedure that was billed for and submitted as part of the claim did not take place.  Initially, the plaintiff testified that she did in fact go in for the medical procedure that was in fact billed for by her provider.  However, on follow up questioning, it was determined that the plaintiff never went to the location where the procedure allegedly occurred.  We inquired further and Plaintiff wholeheartedly denied ever having any medical procedures performed in the city where the record in fact stated it occurred. We further uncovered that the procedure did not go forward as the plaintiff was too afraid.  This discovery turned what may have been significant case into one that may have significant ramifications for the provider, but will also too likely result in the outright dismissal of the case.