If you’re a plaintiff in a personal injury case and you’re being deposed, the defendant’s attorney is likely to ask you lots of questions about your medical history, including questions about your medical records. You can expect to hear questions like:
- Do you remember telling your doctor about this symptom?
- Do you recall that your medical records say this about your injuries?
- If I told you that your medical records say this . . . or If your medical record says that . . .
- Do you think you were honest with your doctor?
- Isn’t it important always to tell your doctor everything about your condition?
How do you respond to these kinds of questions? Especially when you may not have seen your medical records or, even if you have, you probably haven’t memorized them.
The first thing you can do? Ask to see the records that the attorney is referring to.
The second thing you can do? If you don’t remember exactly what you did or said, just say you don’t remember.
Even if you’ve reviewed your medical records while preparing for your deposition, unless you have a photographic memory, ask to see them before answering any questions about what’s in those records. In fact, even if you do have a photographic memory, ask to see the records that the defendant’s attorney is referring to before you answer. That’s the best way to protect yourself against falling into any traps that the other side’s attorney is setting for you—traps that could make the difference between you being fairly compensated for your injuries and walking away with much, much less.
Marlo Greer has some thoughts on this topic; check out her TikTok to hear what they are.
The Greer Law Group Can Help
At the Greer Law Group, we help clients recover the compensation they deserve when they’ve been injured because of the negligence or willful actions of someone else. We know the tactics that defense attorneys will use to try to help their clients escape responsibility for their actions and will fight to protect your rights. Contact the Greer Law Group today to learn how we can help. You can reach us at (720) 637-2467, or you can use our contact form to schedule a free, confidential consultation.
