October 24th, 2026
Posted By
Todd N. Hendrickson

What Happens at a Medical Malpractice Deposition, and Why It Matters

By Todd N. Hendrickson | Medical Malpractice Attorney for Missouri Patients

Key Takeaways

  • A deposition is sworn, out-of-court testimony, taken before a court reporter, in which the lawyers question witnesses about the case
  • There is no judge or jury in the room, but the transcript can be used later in motions, at settlement negotiations, and at trial
  • In a malpractice case, both the injured patient and the defendant doctor are typically deposed, along with nurses, other providers, and expert witnesses
  • The patient’s deposition is not a trap, but it does require preparation; honest, careful answers matter more than anything else
  • A well-taken deposition of the defendant doctor often shapes the value of a case more than any other single event before trial
  • Your attorney will prepare you in advance and will be sitting beside you throughout

If you are considering a medical malpractice claim, or already have one, you have probably heard the word “deposition.” For many clients it is the part of the process they worry about most. That worry is understandable, but the worry is usually much worse than the experience itself, especially for a client who has been prepared.

Here is what a deposition is, how it works, and why it carries so much weight in a malpractice case.

What Is a Deposition?

A deposition is a formal question-and-answer session that takes place during the discovery phase of a lawsuit, after the case has been filed and before it goes to trial. The witness is placed under oath, the same oath given in a courtroom, and a court reporter records every word. Some depositions are also videotaped.

Depositions usually take place in a conference room at a law office or court reporting service. There is no judge and no jury. The people in the room are typically the witness, the court reporter, the attorneys for each party, and sometimes a videographer. The attorney who requested the deposition asks most of the questions. The other attorneys may object or ask their own questions afterward.

The transcript is then used throughout the rest of the case. It can be quoted in motions, shared with experts, used in settlement negotiations, and read in front of a jury if a witness later changes their story.

Who Gets Deposed in a Malpractice Case?

Malpractice cases usually involve several depositions, each with a different purpose:

  • The patient . The defense wants to understand the injuries, medical history, daily limitations, and what the patient was told at each stage of care.
  • Family. The defense wants to understand the impact of injuries on the patient's life, and the effect on their family.
  • The defendant physician. This is often the most important deposition in the case.
  • Nurses and other care team members. These witnesses often have the clearest memory of what was actually said and done at the bedside.
  • Other treating providers. Later doctors may explain what they found and how the earlier care affected the outcome.
  • Expert witnesses. Each side’s physician experts are deposed so that the opposing side can test their opinions.

The Patient’s Deposition

Clients are usually most anxious about their own deposition. The defense attorney will ask about prior medical history, the events at issue, the nature of the injuries, work history, and how life has changed since the harm occurred. Expect questions about records, pre-existing conditions, and sometimes social media.

The defense is not looking for a dramatic moment. It is looking for inconsistencies, exaggeration, or admissions it can use later. That is why preparation matters. We meet with every client before a deposition and walk through what to expect, including the kinds of questions that are likely to come up.

The core guidance is simple:

  1. Tell the truth, every time, even when the truthful answer is not helpful.
  2. Listen to the whole question before answering.
  3. Answer only the question asked, then stop.
  4. If you do not know or do not remember, say so. Do not guess.
  5. If you do not understand a question, ask for it to be rephrased.
  6. Take your time. Nobody is grading speed.

Your attorney will be with you throughout and can object to improper questions, and you can ask for a break at any point, so long as a question is not pending.

The Defendant Doctor’s Deposition

This is where many malpractice cases are won or lost. A physician who has been sued is questioned under oath, often for the first time, about decisions that were made, tests that were or were not ordered, and what the chart does and does not show.

A skilled examination can accomplish several things:

  • Lock in the facts. What did the doctor know, and when? What did the doctor see in the chart, and what was missed?
  • Establish the standard of care from the physician’s own mouth. Doctors will often agree, when asked carefully, about what a reasonable physician should do in a given situation.
  • Test the explanations. Doctors sometimes testify about what they “always” do or what they “would have” done. Those statements can be compared against the records, which often tell a different story.
  • Reveal how the physician will present at trial. A jury will eventually decide whether this witness is credible, careful, and candid. A deposition gives us an early look.

This is also why the medical record matters so much. The deposition is built around the chart, and every gap, late entry, or inconsistency becomes a topic of questioning. For more on that, see our post on how medical records can make or break a malpractice case.

Why Depositions Matter for Settlement

Most malpractice cases do not go to trial, but they are still shaped by what happens in depositions. When a defendant physician testifies clearly and credibly, the defense gains leverage. When a physician struggles to explain a decision, contradicts the chart, or concedes a key point, the value of the case can change quickly.

Insurers and defense counsel watch these depositions closely because they preview how a jury might react. That is one reason settlement discussions often become more serious after the key depositions are complete. For more on how cases resolve, see Missouri Medical Malpractice: What Are the Chances Your Case Settles Versus Going to Trial?

After the Deposition

When the deposition ends, the court reporter prepares a written transcript. The witness is generally given an opportunity to review it and correct genuine transcription errors. That is not a chance to change substantive answers, and significant changes can be used against the witness at trial, which is another reason to be careful and accurate the first time.

From there, the transcript becomes part of the case file. It is used to prepare for the remaining depositions, to evaluate the strengths and weaknesses of the claims, and, if the case does go to trial, to impeach any witness whose testimony changes.

What This Means for You

A deposition is a normal part of litigation, and it is manageable with preparation. Clients who understand the process, tell the truth, and stay calm generally come through it well. The deposition of the defendant physician, handled properly, is often where a case gains real momentum.

At Hendrickson Law, Todd Hendrickson prepares every client personally for deposition and takes the key depositions himself. If you have questions about what the process would look like in your case, we are glad to talk it through.

Questions About How a Malpractice Case Works?

Call Hendrickson Law today at (314) 721-8833 or visit www.hendricksonlaw.com for a free, confidential consultation.

Categories: Medical Malpractice
Tags: Deposition, Discovery, Doctor, Malpractice, Medical Malpractice