Deposing Other Parties

Elsewhere on this website, I have talked about the deposition. I talked about what you should do if your loved one gets deposed in relation to their neglect and abuse case. But, the other party is not the only one who can depose someone to build their case. Your loved one should talk to their lawyer about deposing other parties involved in the case. This can strengthen your side of the story. If you want to depose someone to get more information before the trial, having a lawyer on your side will be helpful. Your lawyer can coordinate the deposition and ask the right questions. The will do this on behalf of your loved one. To learn more about deposing someone involved in your loved one’s case, read on.

Who to Depose

To build your loved one’s case, testimony from the defendant in the case can be helpful. Talk to your lawyer about the possibility of deposing the following parties:

• The floor nurse at the nursing home. This nurse should have the practical experience of dealing with patients while overseeing other staff members. The floor nurse could have valuable information about staff members. They will also know how the home is run on a day-to-day basis.
• Director of Nursing. The director of nursing oversees many other staff members in the nursing home. If neglect or abuse occurs, the director of nursing should learn about it. Asking a director of nursing the right questions can get you valuable information.
• Nursing Home Administrator. An administrator in the care facility will have high level information about management and nursing home policy. This information can be useful when determining if a staff member or the home itself is liable for injury.
• Other nursing home residents. If another nursing home resident witnessed abuse, their testimony can be helpful for your loved one’s case.
• The victim’s family and friends. If loved ones witnessed neglect or abuse, they can give their testimony to validate the issue.
• The defendant. You can depose the person who is responsible for the neglect or injury. Even if deposed, it won’t be necessary for your loved one to interact with this person. This is because your loved one won’t be present at the deposition. The attorney will be the one asking the questions and representing your loved one’s interests.

Documents to Depose

In addition to deposing people, you can choose to depose certain documents involved in the case. Deposing these documents can be helpful in building your case. Consider deposing:

• Nurse’s notes.
• Care plans.
• Incident reports.
• MDS assessments.

To gather evidence, it is a good idea to depose the defendant or another party in the case. For more information on depositions, contact a lawyer. You can set up a free consultation to discuss your loved one’s situation. You can also discuss who to depose given your loved one’s specific situation.