On Preparing for a Deposition

As a case manager, you may become involved in a lawsuit of a claim, you maybe asked to give a deposition. These are some facts you need to know.

Be Prepared

If you are notified to give a deposition, you need an attorney to represent you. In a workers' compensation or liability case, the defense or plaintiff attorney has probably called you to testify. The attorney would not tell you what to say, because you will be under oath just as you will be in court, and you must always tell the truth as you remember it. Your attorney will help you to review all the relevant material and to prepare by telling you what questions to expect and offer some rules to follow when answering. Most of the questions asked at a deposition pertain to the incident that resulted in the alleged harm to the plaintiff. But you can expect to be asked about your educational background, professional experience, and specific job duties.

What Happens at a Deposition?

Typically, a deposition is held in an attorney's office. The plaintiff and the defendant, their attorneys, and a court reporter are present. The plaintiff's attorney asks most of the questions. During the deposition, the opposing attorney has a chance to evaluate how you will come across to a jury if the case goes to trial. Not only what you say but also how you conduct yourself is important. Are you articulate, are you well groomed, will a jury like you?-everything will be judged. The court reporter records everything you say and this is transcribed. Every answer you give, even to questions that you do not understand, can be used to your opponent's advantage if the case goes to trial. In most jurisdictions, you are given the opportunity to review the transcript to ensure that it is correct, and to make changes if necessary.

Rules to Follow

Do not answer a question unless you understand it. Remember, everything you say is recorded, even answers to questions you do not understand, and they can be used against you. So, if a question is unclear, tell the opposing attorney you do not understand and ask him or her to rephrase it until you do.

Do not rush to answer a question, take your time to think. You do not get points for speed. To appear confident and organized, get your thoughts straight before you begin speaking. This also gives your attorney time to object to the question if necessary.

Do not guess, testify only about what you know. A simple "I don't know" answer is better than a long rambling guess that might just give the opposition more information.

If you need to refer to records or notes to answer a question, ask for permission to do so. No one can be expected to remember up to years back, so asking for records before answering is better than guessing and getting the answer wrong.

Answer only the questions that are asked. Do not volunteer extra information. Unless your attorney has told you, "If you get the opportunity, expand on this area," do not add information to the basic answer. There is nothing wrong with "Yes or No" as an answer.

You can take a brake, if you need one. If you are tired, you are less likely to pay close attention to the questions. Take as many breaks as you need.

If someone objects to a question, do not answer unless your attorney tells you to do so. Your attorney knows which questions you should answer and which are improper. For example, you are not required to divulge privileged information, such as what you discussed privately with attorney.

At a deposition, you have the opportunity to give your version of an incident and to present yourself as a believable witness. By properly preparing with your attorney and following the rules described here, you will be able to give a deposition.

In This Issue

Kathleen Lambert asks the question: Can the act of giving or receiving a gift pose a legal or ethical dilemma for the case manager? Read her comments to ensure that you are not in a conflict-of-interests situation. Case managers can give a gift to their patients, always acting in the best interest of their patients, and always respecting their patients' dignity.

Tom Strickland defines for us the environment case managers are working in. His evaluation of this environment is "that not every outcome will be a home run." He follows this up with this uplifting remark: "the batting record for facilitating case movement, RTW succeeds and case closures are perceived as good." This perception is because workers' compensation case managers get results; this sets the tone for his article. He describes what is currently happening in the workers' compensation case manager's arena, and he discusses the improvements that are occurring. His final vision is that "with higher unemployment, an aging baby-boomer workforce and soaring medical costs, the high demand should continue for case management. The environment will not become any less challenging in the future, but consistent applications of best practices and networking with our colleagues will promote continued successful and professional job satisfaction."

Dr. Kelley takes us beyond the normal barriers that employees may experience when attempting to return to work. He takes us for a tour through the abyss of depression. Dr. Kelley's approach is to guide us through a series of discussion points to develop the causes of depression and methods to eliminate it. He points out the problem that recognition and treatment of depression in the context of a physical work injury is often lacking for a number of reasons. He describes warning signs for depression, and then follows this up with an in-depth discussion covering many behavioral signs of depression. He ends by explaining the role the case manager should play in working through the employee's real and imagined symptoms. The focus of the case manager should be on each individual's unique characteristics and coping style; this affords an opportunity to better identify patterns and changes in physical status, emotions, attitudes, and behaviors. With this input, a course can be mapped out to a successful return to work.

Kathleen Lambert asks the question: Can the act of giving or receiving a gift pose a legal or ethical dilemma for the case manager? Read her answer to ensure that you are not in a conflict-of-interests situation. Case managers also give a gift. It is a gift to their patients, always acting in the best interest of their patients, and always respecting their patients' dignity.

>Frances Snowden, BS, RN, CRRN, CCM

Contributing Editor