We are a group of physicians that have been working with the Medical Justice eMerit team for the past 9 years. They have helped us obtain many more reviews from our patients by streamlining the process and making it much more convenient for our patients. They have also helped us in the process of flagging and getting fictitious reviews removed. Throughout our experience with them, they have been highly effective, honest, timely, talented and professional. If you are looking for a service to help manage your reviews, we highly recommend them.
Elliott23232323
Elliott23232323
14:44 17 Jan 24
The competence and responsiveness of the Medical Justice / eMerit team is remarkable. We have been super impressed with Robin and Josh, and their entire team. We ran a "test" with them and we've been more than happy to give them more business. They are now our go-to group. Thanks again, Team Medical Justice!
Christopher Scully
Christopher Scully
13:54 15 Dec 23
I have been a client for many years and have appreciated Medical Justice's expertise and numerous perks including internet defamation prevention. The team was readily responsive to my needs and helped to remove an unwarranted negative online post. It's difficult enough to practice medicine, much less maintain one's professional online reputation. I highly recommend Medical Justice for any medical professional.
Sohail Delfani, MD
Sohail Delfani, MD
17:05 25 Oct 23
Very enjoyable experience
Brittan Willimon
Brittan Willimon
21:13 09 Jan 23
Totally worth it! I had an issue with a very large insurance company threatening to remove me from their network. Contacted Medical Justice right away. Within lass then a week, Dr. Segal had crafted a magnificent 60-page appeal! Insurance company kept me in network, which saved me a lot of hassle and headache. Worth every penny!
Barbara Wood
Barbara Wood
18:01 13 Dec 22
I have used emerit for 10 years and have been extremely pleased with their service. highly recommend to all medical professionals especially plastic surgeons. very responsive CEO and staff. thanks!!!
Neil Zemmel
Neil Zemmel
13:56 13 Apr 22
When hiring someone professionally fortheir advice, the most important aspectfor me is their time that they give me todiscuss what I need to get the job done.Dr. Segal was always available whenever Ineeded to speak. He is extremelyknowledgeable, patient and kind. He hasthe unique perspective of the legalprofession from a doctors point of view.This is priceless in terms of understandinga Doctor's concerns.
Endodontic Group
Endodontic Group
00:38 31 Jan 22
I would say Medical-Dental Justice is a Level I Trauma Center for the legal matters of health practitioners. Your matters are handled STAT and in a professional and assuring manner. In a legal sense, they set you up with tools for preventive care, assist when there is an injury and handle the legal traumas. Rest assured that the legal injury will be minimized or they will rehab the situation a bring you back to legal health. No physician or dentist should be without this service...period.
Edward Kirsh
Edward Kirsh
21:17 30 Jan 22
I highly recommend Dr. Segal for all doctors who would like to have a bullet proof practice and avoid unnecessary litigation and threat by patients. He is always available and punctuate with time. We have a very busy practice in northern California and Dr. Segal has been a unbelievable asset and success to run it smoothly. You won't regret his service.
Sani Aesthetics, M.D.
Sani Aesthetics, M.D.
01:17 28 Jan 22
Medical Justice is always responsive and gets to solutions. We especially appreciate Josh P and his relentless drive to help us satisfy our customers. Their knowledge of the digital landscape brings us closer to prospective patients.
What's NEXT
What's NEXT
15:06 16 Nov 21
Jeff and his colleague Josh were both very prompt and knowledgeable in helping me resolve an issue with Instagram. Recommended to any healthcare provider needing help online with social media.
Spencer Hawkins
Spencer Hawkins
16:37 12 Sep 21
Dr. Jeffrey Segal and Medical Justice are amazing! They helped me deal with a frivolous and false board complaint to my license quickly and professionally. I was impressed with the amount of attention and copious amounts of time they committed to resolving my case. Dr. Segal also helped greatly in advising me how to protect my practice and avoid similar issues moving forward. I'm fortunate to have found their services! While I hope to not have to deal with more frivolous complaints in the future, I feel better knowing that Dr Segal and Medical Justice are there to help me navigate through what may come.
Lisa Wagner
Lisa Wagner
18:06 16 Aug 21
Dr. Jeff Segal is great at what he does! As a physician and lawyer he understands clearly the difficulty of practicing in this day and age. Having both backgrounds is his biggest strength in the medico-legal arena. He gives sound logical advice and is very responsive. I am glad that I trusted him with my issue which he solved by doing background research into the issue from other specialists. He approached the problem like a physician in a very methodical and detail -oriented way. I'm so happy to have found him! I highly recommend!!!
Nicole Basa MD
Nicole Basa MD
02:14 10 Aug 21
Medical Justice is the GO TOO for any medical provider.
Curt Litton
Curt Litton
00:35 29 Jul 21
Medical Justice exceeded my expectations on delivery of professional services. Top notch professionals, only the Best, and advisors on every medico-legal area of health care, especially Dentistry, with the Great, Vince Monticello, DDS, MBA, JD, on-board. By far a great investment. I enjoy doing business with Jeff and his Outstanding Team!
Rob Eye
Rob Eye
16:16 27 Jul 21
I’ve now been a subscriber and client of medical justice for over a year. Dr. and attorney Jeff Segal has been helpful on several occasions. He has guided me through both potential patient issues as well as recent HR pandemic concerns. He along with the Medical Justice team have given me reassuring legal advice that allows me to proceed with confidence through these difficult times. This is one of my best investments in business and personally.
Walter Tom
Walter Tom
16:06 25 Jul 21
I cannot give enough thanks for Medical Justice’s existence! It is a company that fills such a highly needed niche’ in medicine – especially aesthetic medicine. And it was founded and continues to be led by a visionary, Dr. Jeff Segal. I admire his drive and envy his intelligence. He first completes a rigorous Neurosurgery Residency. That by itself deserves tremendous kudos from anyone in the medical universe. Yet, he eventually goes back to obtain his JD. Yet what he has done in blending those two degrees into an amazing entity, Medical Justice, is nothing short of phenomenal.I was an early adopter of Medical Justice, and all that it provided for me as a surgeon and a business owner, as I am in my 12th year (this year being 2021) of being a member of Medical Justice. Throughout those twelve years, I have leaned on their team in helping maintain a fair and hard-earned online reputation when unfairly attacked. Also, Dr. Segal has always been personally involved with assisting me in resolving conflicts with difficult and unreasonable patients. He has always been only a phone call away, and prompt with his response.What I have especially appreciated is in my discussions resolving these occasional issues with patients over many years, Jeff seems to possess a third therapist certification as a compassionate, empathetic peer that understands my hurt and frustration. He has a way through the phone to put his arm around me, making me feel he sympathizes with my hurt and frustration, and together we will get through whatever issue, and the sun will rise in the morning. He then produces what he promises, as he has threaded the needle to resolution more than once for me. He feels like the big brother I never had that is there for you with honest, realistic guidance to amicable conclusions, when called upon.I just hope I retire before him. I can’t image practicing my specialty without someone like him, as well as his amazing team that he has gathered, that has and continues to have my back. - Dr. Burke Robinson, Robinson Facial Plastic Surgery
Burke Robinson
Burke Robinson
19:17 14 Jul 21
Jeff Segal, MD, JD was a tremendous help to me when battling a frivolous and retaliatory complaint to the State Medical Board. Jeff and the Medical Justice team fought immediately and tirelessly to clear this absurd complaint. It was validating, vindicating, and made me have hope again to practice medicine. It renewed my faith in the justice system and made it a pleasure to practice medicine again. Skillful. No - Masterful. There is really nothing that can replace the knowledge of an MD/JD or DO/JD to defend physicians. They were absolutely in my corner. Additionally, Medical Justice found negative reviews that I was not aware of and helped me address those concerns. Well worth every penny!
Terri Bowland
Terri Bowland
16:32 14 Jul 21
I cannot recommend a more professional or effective and caring team to help in legal matters which are delicate and require a high level of care. Dr. Segal is one of the most intelligent, thoughtful, and efficient attorneys that I have had that pleasure of working with. He was always available and attentive and demonstrated genuine concern and compassion towards making sure that all matters were handled with the highest level of efficacy. I highly recommend Dr. Segal and his team to any physician or practice, they will not disappoint!
Kriti Mohan
Kriti Mohan
02:15 15 Mar 21
Dr. Segal is kind, professional, and a complete genius! I am so glad to have found him! I would recommend him hands down for anyone needing legal assistance!
Samantha Britt
Samantha Britt
19:57 28 Jan 21
I am an oculofacial plastic surgeon who has been a member of Medical Justice for well over 10 years. It is a pleasure for me to be able to recommend their services to others.We have utilized the Medical Justice consent forms for operative patients throughout this time. It gives me peace of mind to know that any expert witnesses who may be called to give testimony against me are from my specialty. It also gives notice to any potential plaintiff firms that I have not only my malpractice carrier but also Medical Justice working for me should any claims arise, and puts them on notice that any frivolous claims can be in turn be litigated by me against them and the plaintiff.Does this translate to less claims or better results if claims are brought? I can only say that in 30 years of practice I have had a handful of patients request records be sent to plaintiff attorneys, and none have become suits.I can and have offered my highest recommendation for this firm and their services. Their services and client support are outstanding, and are especially beneficial when that letter for your records comes in. To have them on your side is a comfort we can all use.
Alan Brackup
Alan Brackup
15:01 07 Dec 20
The Medical Justice team have a wealth of knowledge and experience in this space. I highly recommend them to medical professionals and practices of any size. They take a highly responsive, professional, practical and no nonsense approach which has proven to be highly effective.
GenXovite Pro
GenXovite Pro
15:42 23 Nov 20
As a physician, reputation is everything. This is why I’ve trusted Emerit for years! Their unmatched ability to handle my clinic’s online reputation has helped us earn more credibility therefor increasing our patient base. They also create custom surveys for patients along with weekly reports so we can provide better treatment. These little things give us the ability to address certain areas of the practice and fix them immediately. I would highly recommend that healthcare providers to at least consider Emerit when considering an online reputation partner. I know I’m glad we did … Robert Odell, MD, PhD, Neuropathy & Pain Centers of Las Vegas
Robert Odell
Robert Odell
17:06 13 Nov 20
I recommend Medical Justice and its founder Dr. Jeff Segal with great enthusiasm. As medicine evolves the private practitioner has become increasingly more isolated. I signed up with Medical Justice so that I would have a sound legal back up for clinical business decision making. My private consultation with Dr. Siegel, neurosurgeon and attorney was insightful. His team, medical justice has already supplied us with appropriate patient forms to help me to continue practicing medicine with confidence. They have already initiated our web presence reviewing with recommendations.Dr. Segal was also readily available for a specific case consultation, and I appreciate his counsel and direction. The peace of mind and collegiality is well worth the investment in Medical Justice.
Walter Tom (Dr Walter Tom)
Walter Tom (Dr Walter Tom)
18:56 05 Nov 20
Have had the help from Medical Justice for about a year now. They are very responsive and always available to answer questions and help with any practice issues I may have. The most satisfying aspect of their assistance is in obtaining and posting patient reviews on various sites. A big help in that
Jonathan Lebowitz
Jonathan Lebowitz
00:50 03 Nov 20
In this era of digital feedback and punishment through fraudulent reviews. I wouldn't leave home without them!!
David Pincus
David Pincus
15:15 02 Nov 20
After a complete nightmare of a frivolous suit in 2002, aided and abetted by the sheer avarice of a competing surgeon right across the street (stunningly, a $2.1 million award over a pea-sized suture granuloma; when it went to the state medical board they dismissed the case as “groundless”), I was advised to join Medical Justice.What a wonderful team! Everyone there has been immediately available for any questions or concerns that have come up over the years. Just having Medical Justice’s cover letter stating that one’s a member will be enough to stop a frivolous threat dead in its tracks — and that alone makes the eminently reasonable annual fee worthwhile many times over.Knowing that Medical Justice “has my back”, and knowing that because of these fabulous people, the worst and most profoundly mind-bending experience of my life would never be allowed to happen again has given me the peace of mind to continue and even enjoy and relish my career over these many years.I can’t say enough about Dr. Jeff Segal, Mike Odden, Wendy Cates and the rest of this amazing team! Joining Medical Justice absolutely will be one of the best decisions of your career. How about 10 stars!⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️⭐️
Holly Barbour
Holly Barbour
18:39 05 Mar 20
We have been MedicalJustice members for over nine years, and this is a service that has been priceless for us, and our facial plastic surgical practice. Ninety percent of our new patients cite the Internet as their source of referral, so for us, our internet reputation is priceless. Plus my kids see what's on the internet about our practice. MedicalJustice scours the internet for any online posts about your practice, good and bad. Even if you are able to do things exceedingly well, it is unlikely that you will be able to deliver impeccable care with exemplary bedside manner 100% of the time, have the perfect staff, and count zero competitors. And thus, unfortunately, being defamed on the Internet is an occupational hazard.I recommend MedicalJustice without reservation to any medical practice, since nearly all patients will google you before calling for an appointment. Everyone at MedicalJustrice from our advisor Shannon, to the CEO, Dr Jeff Segal, is knowledgeable, friendly, and genuinely glad to help physician practices like ours. I am grateful for all they have done to help our "mom and pop shop" thrive, and navigate unchartered waters on the internet. MedicalJustice has been outstanding for our practice in these situations :1)Reputation management. The American Academy of Facial Plastic and Reconstructive Surgery recommended MedicalJustice to all members in 2009, and after we got on-board, we were surprised to see more than a few negative internet reviews and comments about our practice. Frankly, I do not have the time nor desire to actively surveil the internet about our practice, but someone NEEDS to. If you don't read it, someone googling your practice will.2) Dealing with negative reviews in a safe and HiPAA compliant fashion. Some internet "specialists" recommend ignoring bad reviews, but for us, that philosophy is not cool. 12% of patients who request rhinoplasty have BDD, and as of August2018, there is no reliable method for ruling this out preoperatively. The small minority of unhappy postoperative patients may post on multiple sites, and have the longest and most painful words. MedicalJustice has helped us A LOT in this arena.3) Dealing with internet defamation.4) How to manage the disgruntled patient, and more importantly, the "difficult" scenario where you don't know what to do, and it's not malpractice.5) How to manage patients threatening to harm themselves or others.6) How to manage patients demanding a refund.7) Advice with patients threatening to sue.8) Advice with copyright infringement.9) Obtaining positive reviews from our patients with eMerit.If any physicians wish to reach out to us for any questions, it would be our pleasure. Thank you. Dr Joseph
Eric M. Joseph, M.D.
Eric M. Joseph, M.D.
19:17 09 Mar 19
Great doctor.My neck pain is gone. The doctor explained everything in detail. He was patient and respectful.
Sushil Basra
Sushil Basra
01:57 31 Jan 19
No medical professional should be without this service! I have been a long time member and will never give up my membership. I have never had such clear and concise solutions to common issues, education regarding what I need to do and how to be best prepared for common issues that arise. Whenever I have had a question, I get immediate responses that are clear, concise and of great value! Honestly - the first time you run into a difficult situation is not the time to realize you SHOULD HAVE had this service. You need to be aware, and appropriate- this service is absolutely the best resource you could want for you to meet your obligations, as well as be prepared for common issues. Not only has Dr Segal experienced both sides of many of these issues- he is brilliant, and condenses issues down - allowing you options that allow for the smoothest possible outcome for all involved. I honestly could not recommend it more!CR MD
Celia R
Celia R
18:35 12 Nov 18
A must-have for every physician. Their expertise in medical malpractice defense, and internet reputation management, is unparalleled.
Armond Levy
Armond Levy
01:27 07 Oct 18
HIPAA is complicated and always changing. That is why I recommend Medical Justice to all my clients. They are knowledgeable and trustworthy.
Jen Longtin
Jen Longtin
22:58 29 Sep 18
Impeccable service and reputation from the CEO on down. Helped me grow my practice by vastly improving the quality of my online presence. In addition, I am now insulated from the occasional anonymous and damaging online reviews. I see many additional new patients who have “googled” me and have read my numerous outstanding reviews. In addition they have helped protect me from frivolous law suits while readily providing expert legal advice. In this day and age, in my opinion, every physician needs Medical Justice standing behind them. Thank you, Medical Justice!
David K
David K
05:57 16 Sep 18
I have partnered with their organization while working in two separate companies and they have continued to provide outstanding support, superior service and communication and remain ever available. I would not practice medicine without their support.
Christina A
Christina A
15:16 13 Sep 18
We have been working with Medical Justice and Emerit for years. I would highly recommend them. They have been very responsive to all of our needs in our practice. They have guided us on how to get our patients to share their experiences online Dr. Segal has given us honest advice over the years and he has never steered us wrong. Highly, highly recommend Medical Justice!
Angela Parker
Angela Parker
20:25 12 Sep 18
Medical Justice is the real deal. They are professional, knowledgeable, timely, and their rates are beyond reasonable. Put all of that together and they have become an invaluable asset to our practice.
Jackie Foster
Jackie Foster
17:38 06 Sep 18
Our surgical practice joined Medical Justice and eMerit many years ago and it has been an invaluable resource and support. Jeff Segal, the founder, is a surgeon and an attorney who understands the challenges that physicians face today. They have been our advisors, mentors and dispensers of wisdom for any and every issue that we presented to them as well as in growing our practice. I can't imagine running our practice without them all of these years.
Bonnie Pontell
Bonnie Pontell
14:48 06 Sep 18
EXTREMELY beneficial. The ratings have done more for my Google search rankings than my website. Worth every penny. It is 2018--get on board with your online presence!
Scott Phillips
Scott Phillips
14:13 06 Sep 18
I have been a client of Medical Justice for many years. They provide a fantastic opportunity for Healthcare providers to defend against frivolous claims and to control their reviews using the eMerit platform.The service and the reviews have been extremely valuable to my practice, my social media presence and ratings as well as protection against some false claims over the years.They are always available, responsive and timely in their assistance. Dr. Segal offers a wealth of resources, insight and legal advice due to his vast experience in this venue.I highly recommend this service for anyone with a medical or dental practice.
Semira Bayati
Semira Bayati
16:27 05 Sep 18
Dental Justice has helped us manage challenging patients who are impossible to please. Let them show you that there is a better way than being frustrated.
Mitchel Friedman
Mitchel Friedman
14:53 04 Sep 18
Worked with Dr. Jeff Segal and his team for many years, I absolutely trust them when it comes to protecting our practice and team. I give my highest recommendation and I sincerely appreciate your thoughtful approach as leaders in the industry ( :
Rich Castellano
Rich Castellano
03:40 04 Sep 18
I have been a member since its' inception and can recommend the company without any reservations whatsoever. I benefited from their online review services, their involvent in preventing a frivilous malpractice threat, and their pro-active legal seminars. Thank you Dr. Segal for all your efforts.
Michael Prater
Michael Prater
21:55 02 Sep 18
It only took one reading for me to become a big fan of Leonard Berlin's.Who was Leonard Berlin?He's the radiologist who countersued a plaintiff who tried to make a fast buck by frivolously suing him. When I finally met him, I told him that I'd been following what he was doing.Berlin was the first MD I knew who fought back. When I read about Medical Justice, it was clear to me that in case I got sued frivolously, I, too, would be able to counterpunch.Raised by a pair of criminal lawyers in New Orleans (yes, really), I pretty much had a (legalistic) chip on my shoulder from childhood. Medical Justice welded it there. Instead of being a 98-pound weakling in the face of a pseudo-legal assault, it made me a Charles Atlas kinda guy.No fear after joining up. I was surprised at how reasonable the rates are.
Joseph Horton
Joseph Horton
19:00 02 Sep 18
I have used Dental Justice for the past several years and have always been happy with their service. They are professional and timely. Dr Segal has been great with his knowledge, advice, services and timely responses. I would highly recommend them to anyone in the dental or medical profession.
Shane Claiborne
Shane Claiborne
14:28 31 Aug 18
I have been using E Merit and Medical Justice’s services for the last nine years. I have found their helpful feedback to be of tremendous value to me and to my practice. I am extremely grateful to Jeff Segal and his entire team for their thoughtful and professional help. You will not be sorry if you give them a chance. I don’t know anyone who has not found them immensely helpful or who has stop using them once they have engaged their services.
Joseph Stern
Joseph Stern
01:43 30 Aug 18
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A few doctors do it well. Some doctors do it “well enough.” Many do it poorly. But we all wish we didn’t have to do it at all. Of course, we are talking about depositions. Medical malpractice depositions, specifically. Why is this important? Many medical malpractice cases don’t go to trial. But most defendants (doctors) are deposed. Knowing how to comport yourself during a deposition is critical.

A strong deposition often deters an opposing attorney from proceeding onward. A poor deposition will give your opponents an edge in the event your case is tried.

Let’s be clear: We know this is serious. And we know the stakes. How do we know? Because we’ve been there ourselves.  

A little background: Our Founder and CEO, Jeff Segal, MD, JD was sued for a meritless reason while practicing neurosurgery. The case was eventually dismissed, but the experience of being sued for a frivolous reason galvanized him. Dr. Segal created Medical Justice – an organization dedicated to protecting doctors from medico-legal threats. And we’ve been at it since 2001.  

Why we bring this up: Dr. Segal provides free consultations to doctors in need of help. If you are preparing for a deposition (or navigating any other medico-legal threat), schedule a free consultation with Dr. Segal. He is more than equipped to drive you towards a more favorable outcome. Visit our booking page to schedule a consultation – or use the tool linked below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Here’s a sample of typical recent consultation discussions…

  • Former employee stole patient list. Now a competitor…
  • Patient suing doctor in small claims court…
  • Just received board complaint…
  • Allegations of sexual harassment by employee…
  • Patient filed police complaint doctor inappropriately touched her…
  • DEA showed up to my office…
  • Patient “extorting” me. “Pay me or I’ll slam you online.”
  • My carrier wants me to settle. My case is fully defensible…
  • My patient is demanding an unwarranted refund…
  • How do I safely terminate doctor-patient relationship?
  • How to avoid reporting to Data Bank…
  • I want my day in court. But don’t want to risk my nest egg…
  • Hospital wants to fire me…
  • Sham peer review inappropriately limiting privileges…
  • Can I safely use stem cells in my practice?
  • Patient’s results are not what was expected…
  • Just received request for medical records from an attorney…
  • Just received notice of intent to sue…
  • Just received summons for meritless case…
  • Safely responding to negative online reviews…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

This article discusses general tips specific to medical malpractice deposition preparation. We’ll outline 16 “best practices” that are critical to your success. The first five are bitesize. The remaining eleven represent deeper dives.  

We will equip you with the knowledge required to prevail. Nailing your deposition is tall order. We’ve seen doctors struggle to get this right. And doctors are smart people. Given the stakes, it is critical you do nail it. The keys to success are preparation and the counsel of seasoned experts. 

Let’s start with definitions. What is a medical malpractice deposition?

Your deposition is your oral testimony, supplied under oath. It is memorialized by a court reporter, word for word (hopefully). The opposing attorney asks you questions about the case. You supply answers. That resulting narrative is your deposition. 

Some fast facts: A judge and jury are not present during your deposition. Those elements come into play only if the case moves to trail. The audience for a malpractice deposition is typically limited to the attorneys, the court reporter, and the deposed. 

Why must I supply a medical malpractice deposition? 

To proceed on the trail, each side must acquire information about the other. For the purposes of this piece, we’re focusing on why your opponents are interested in your deposition. 

First and foremost – the opposing attorney wants to learn what you know about the case. He can’t do his job unless he gets inside of your head. Therefore, he must collect facts from you. 

Second – the opposing attorney wants to hear your story, and then lock you into that narrative. Locking you into a narrative reduces the risk he or his client will be surprised at trial. (For our more seasoned doctors, remember the original Perry Mason TV show. There was always a surprise presented at trial. That rarely happens in real life.) This is one of many reasons why it is critical you get your deposition right round one. There are no do-overs. 

Thirdly – he’s sizing you up. He wants to diagnose your “stage presence.” The opposing attorney is thinking: “How will this individual perform in the courtroom?” Your language, mannerisms, and appearance all affect the jury’s perceptions. A defendant who is collected, cool, and confident discourages the opposition. He will likely be perceived favorably by the jury.

Conversely, a paper bag will be blown up and torn apart. 

Ultimately, his goal is to create a record of you (the doctor) making a mistake. If the opposing attorney catches you in a misstatement, he’ll use that record to paint you as untrustworthy.  

A strong deposition shakes the opposing attorney’s confidence he has a great case. Conversely, flubbing your deposition will make your life hell and your own attorney’s job much harder. We are equipped to help doctors nail their depositions. Schedule a free consultation with us to learn how we can help. Visit our booking page to schedule a consultation – or use the tool linked below.

"Can Medical Justice solve my problem?" Click here to review recent consultations...

We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Here’s a sample of typical recent consultation discussions…

  • Former employee stole patient list. Now a competitor…
  • Patient suing doctor in small claims court…
  • Just received board complaint…
  • Allegations of sexual harassment by employee…
  • Patient filed police complaint doctor inappropriately touched her…
  • DEA showed up to my office…
  • Patient “extorting” me. “Pay me or I’ll slam you online.”
  • My carrier wants me to settle. My case is fully defensible…
  • My patient is demanding an unwarranted refund…
  • How do I safely terminate doctor-patient relationship?
  • How to avoid reporting to Data Bank…
  • I want my day in court. But don’t want to risk my nest egg…
  • Hospital wants to fire me…
  • Sham peer review inappropriately limiting privileges…
  • Can I safely use stem cells in my practice?
  • Patient’s results are not what was expected…
  • Just received request for medical records from an attorney…
  • Just received notice of intent to sue…
  • Just received summons for meritless case…
  • Safely responding to negative online reviews…

We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

Here are five “fast-rules” doctors should memorize in advance of a deposition

Don’t speculate.

Don’t argue. More eloquently, don’t be an ass.

Don’t rush.

Don’t lie.

Don’t crack jokes.

We’ve distilled the remainder of the piece into eleven key points.

Internalize these strategies in advance and discuss them with your attorney to determine how they can enhance your existing strategies… 

Resist the urge to “explain yourself” during your deposition.

Supply only the facts as you know them. We mention this point first because it is critical. A long-winded explanation may contain hearsay and contradictions. The opposing attorney will be listening closely for language he can exploit to his client’s benefit. Your greatest defense against a sharp voice are concise, truthful answers. 

We know you want nothing more than to tell “your side” of the story. But you must suppress that urge. There will be a time to tell your side of the story – but your deposition is almost never the best time to do so. And if you supply a solid deposition, your case may not go to trial. 

If you don’t know the answer to a question, do not guess.

The opposing attorney will likely ask you a question that no amount of preparation prepared you to answer. Why would he do such a thing? Because he wants you to guess. You’ve likely heard someone in your life use the phrase: “I’m going to hazard a guess.” Take our advice. Don’t guess. It’s a hazard. 

No one wants to appear ignorant – especially during a deposition. But if you don’t know the answer to a question, it is often best to answer: “I do not know.” Do not supply an explanation. 

Keep your emotions in equilibrium.

If the opposing attorney can dress you in a clown suit, he’ll do so. Do not let the opposing attorney get under your skin. He wants to make you angry and excited because angry, excited deponents make mistakes.  

Likewise, if you become too at ease with the proceedings, you’ll may become complacent and act a little “too helpful.” Don’t fraternize. 

Don’t rush.

We are trained to economize our speech, but that can work against us during a medical malpractice deposition. Answer questions in a timely, direct manner, but do not allow the opposing attorney to accelerate your speech. Speak concisely, but temperately.  

Don’t supply information that you have not prepared.

And if the opposing attorney asks a question that suggests he is ignorant of some key point, don’t enlighten him. In a worst-case scenario, the attorney is feigning ignorance, hoping you’ll divulge something he can use against you. In a best-case scenario, the attorney is truly ignorant of a key fact. Don’t be the light at the end of his mental tunnel. Let him wander in the darkness. If he trips, it will likely be to your benefit. 

If a question can be answered in one word (yes or no), answer in one word.

An example: “Did you eat lunch with Ms. Doe last week?”  

A bad answer: “No, I did not eat lunch with Ms. Doe last week.” Why is this a bad answer? It suggests you could have had some contact with Ms. Doe. You did not eat lunch with her last week, but you may have contacted her the week before. You’ve left the door open to more probing questions. 

A better answer: “No.”  

Why is this a better answer? No means no. The opposing attorney can still probe you, but your answer has no implicit clues. 

What are the components of a “best” response? A good response is concise, factually correct, and has been sufficiently rehearsed with your own attorney. 

That said – what happens when the opposing attorney asks questions that cannot be answered so simply? 

The deponent is safest when he supplies specific answers to specific questions. When the opposing attorney asks an open-ended question, respond as follows: “That’s a complicated matter. Can you please be more specific?” 

Don’t speak until the questioner has finished supplying his question. 

Why? You cannot supply a “good” answer to an unfinished question. And if your own attorney intends to object, he loses that power shortly after your vocal cords contract. A delayed answer may be a good answer – but a rushed answer is almost always going to be a bad answer. 

Don’t estimate time or distance.

You are not a yardstick, nor a clock. This falls in line with advice we’ve repeated several times already: Don’t speculate. Our recollections of past events fade with time. This effect is often magnified when we are recollecting periods of time or instances of distance. An examiner on a headhunt can turn a poor estimation (such as the amount of time spent examining a patient) into a bad outcome.  

Never consider the strategic implications of lying.

Just tell the truth. The opposing attorney is already hunting for mistakes and inconsistencies. Lies are easier to exploit than facts. Honesty is the best policy. 

If the opposing attorney asks a question you don’t understand, ask him to rephrase it.

While you may be competent to answer the question, a poorly phrased question is typically a wolf in sheep’s clothing. Ask the attorney to be more specific. 

If your own attorney begins speaking for any reason, cease talking. Embrace silence. 

Your attorney is looking for ways to increase the likelihood your deposition will serve your case, not hinder it. Trust your attorney’s judgment and be prepared to pivot. Such instances will likely have been rehearsed in advance. One universal code is your attorney asking if you need a bathroom break after such a long deposition. This is code for your attorney wanting to speak with you privately and interrupt the flow of the deposition. He has something he needs to tell you. Time to hit the loo.  

We have more tactics to load in the chamber. We’ll update this article based on audience feedback. If you need more information specific to medical malpractice depositions (or, more broadly, depositions related to healthcare), check out the content linked below. 

What Doctors Get Wrong About Med-Mal Litigation | A Deep Dive with Florida Super Lawyer Chris Schulte, JD

How to Have Your Day in Court and Keep Your Nest Egg | Top Med-Mal Defense Measures with Super Lawyer Chris Schulte, JD 

Your deposition will be intimidating. It will be challenging. But it doesn’t have to be insurmountable. Let us walk alongside you. Schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD. Every case is different, but solid counsel will come from someone who has been in your shoes. Medical Justice can help you nail your deposition. Visit our booking page to schedule a consultation – or use the tool below to schedule.

Medical Justice is equipped to help doctors nail their med mal depositions. We are also equipped to defend your practice from a bevy of other medico-legal issues. We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Schedule a free consultation with our Founder and CEO, Jeff Segal, MD, JD, to learn how we can help you address a Medical Board complaint – and a bevy of other medico-legal threats.

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We’ve been protecting doctors from medico-legal threats since 2001. We’ve seen it all. Here’s a sample of typical recent consultation discussions…

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  • DEA showed up to my office…
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  • How do I safely terminate doctor-patient relationship?
  • How to avoid reporting to Data Bank…
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  • Hospital wants to fire me…
  • Sham peer review inappropriately limiting privileges…
  • Can I safely use stem cells in my practice?
  • Patient’s results are not what was expected…
  • Just received request for medical records from an attorney…
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We challenge you to supply us with a medico-legal obstacle we haven’t seen before. Know you are in good hands. Schedule your consultation below – or click here to visit our booking page.

 

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Jeffrey Segal, MD, JD

Chief Executive Officer and Founder

Dr. Jeffrey Segal, Chief Executive Officer and Founder of Medical Justice, is a board-certified neurosurgeon. Dr. Segal is a Fellow of the American College of Surgeons; the American College of Legal Medicine; and the American Association of Neurological Surgeons. He is also a member of the North American Spine Society. In the process of conceiving, funding, developing, and growing Medical Justice, Dr. Segal has established himself as one of the country’s leading authorities on medical malpractice issues, counterclaims, and internet-based assaults on reputation.

Dr. Segal was a practicing neurosurgeon for approximately ten years, during which time he also played an active role as a participant on various state-sanctioned medical review panels designed to decrease the incidence of meritless medical malpractice cases.

Dr. Segal holds a M.D. from Baylor College of Medicine, where he also completed a neurosurgical residency. Dr. Segal served as a Spinal Surgery Fellow at The University of South Florida Medical School. He is a member of Phi Beta Kappa as well as the AOA Medical Honor Society. Dr. Segal received his B.A. from the University of Texas and graduated with a J.D. from Concord Law School with highest honors.

In 2000, he co-founded and served as CEO of DarPharma, Inc, a biotechnology company in Chapel Hill, NC, focused on the discovery and development of first-of-class pharmaceuticals for neuropsychiatric disorders.

Dr. Segal is also a partner at Byrd Adatto, a national business and health care law firm. With over 50 combined years of experience in serving doctors, dentists, and other providers, Byrd Adatto has a national pedigree to address most legal issues that arise in the business and practice of medicine.