Mock Deposition Will Help You Sail Through Process With Confidence

Some of you may have attended the very popular session at last year’s Annual Meeting in which participants witnessed a mock malpractice trial and decided its outcome. This year, the judicial teaching experience spotlights another part of the process—being deposed in a case.

The session, titled session “Mock Depositions: What You Need to Know Before Sitting in the Hot Seat,” will be chaired by the vice president of risk management for the APA-endorsed program, Kristen Lambert, Esq., M.S.W., C.P.H.R.M., of AWAC Services, a member company of Allied World. Participants will include two attorneys who specialize in psychiatric malpractice defense and three participants who will play the roles of an expert witness, a defendant psychiatrist and a plaintiff.

The session will focus on a case study in which there is an inadvertent death as a result of an overdose of prescribed medications. Among the topics to be discussed is prescription drug monitoring programs.

All psychiatrists attending the Annual Meeting should find the session relevant. While approximately 3 percent of psychiatrists will have a lawsuit filed against them in their career, most psychiatrists will encounter a deposition either as a treating physician, as an expert, in a family law matter (divorce, custody), or on other matters. How a psychiatrist acts at a deposition can have a lasting impact throughout his/her career far beyond the issue at hand. Specifically, how a defendant performs during questioning at a deposition can change the value of a case and can impact whether a case proceeds to trial or forces a settlement. In addition, depending on the circumstances, a non-party witness can also be added as a defendant in a lawsuit as a result of their deposition testimony, even when that individual was not a defendant at the outset of the case.

Risk management principles designed to provide attendees with tips to use when facing a deposition will be provided throughout the session. Attendees will also have an opportunity to discuss best ways to answer questions, evaluate the depositions, discuss how the depositions may impact a case, and examine what could have been done differently. At the end of the presentation, attendees will serve as the jury to decide the outcome of the case.

By watching attorneys examine mock witnesses, attendees will learn the common tactics attorneys use during depositions and understand how to respond to different personalities.

If you have questions about this session, contact Kristen Lambert at [email protected].

Allied World, through its subsidiaries, is a global provider of innovative property, casualty and specialty insurance and reinsurance solutions, offering superior client service through a global network of offices and branches.  Allied World is the APA-endorsed carrier through its strategic relationship with the American Professional Agency, Inc. Risk management services are provided by or arranged through AWAC Services Company, a member company of Allied World. ■