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DOES A PLAINTIFF IN A MEDICAL MALPRACTICE CASE TESTIFY?

March 2, 2020

Unless the case is being brought by the estate of a deceased patient, a medical-malpractice plaintiff who is mentally competent will normally testify and will usually do so twice: once during a discovery deposition taken before trial, and also during the trial itself.

Depositions are taken under oath while the lawyers for the parties ask questions. These are not in front of the judge or jury.

Since these cases take a long time to go to trial, it’s possible the defense might request a second pre-trial deposition to get up-to-date testimony on current treatments, medications, and rehabilitation progress.

Cases that settle before trial often do so after the initial deposition of the plaintiff.

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This is a blog post, not specific legal advice. No attorney-client relationship is intended or created.