Medical Expert Depositions in Workers' Compensation Cases: Deposing Experts and Raising Strategic Objections

A medical expert’s deposition is a key discovery tool and often crucial to the outcome of an applicant’s workers’ compensation claim. Effective deposition skills in both questioning the witness and raising objections can positively impact the resolution of a case.

Preparing the expert, effectively questioning a deponent who may not testify favorably, and strategically raising objections impact the value of information obtained during the deposition. Counsel must consider how to leverage information gained during the deposition in the workers’ compensation claim process.

Listen as our authoritative panel of workers’ compensation attorneys discusses effective strategies for deposing medical experts. The panel will share techniques for taking or defending the deposition of a medical expert and using deposition testimony during the workers’ compensation claim process.

1. Determining whether to depose a medical expert using a risk/benefit analysis
2. Preparing for the deposition
3. Taking and defending medical expert’s deposition
   1. Questioning the witness
   2. Raising and defending objections
   3. Using exhibits
4. Post-deposition strategies—using deposition information

The panel will review these and other key issues:

• What are the most common challenges workers’ compensation counsel face when taking and defending depositions of medical experts?
• What deposition questioning techniques will maximize the information obtained from the medical expert witness?
• What strategies are effective when raising and responding to objections during depositions?