| | | Deposing the Defendant to Build Your Personal Injury Case
Deposing the Defendant to Build Your Personal Injury Case2017-04-19T17:50:35+00:00

When filing a lawsuit, you might want to set up a deposition to gather evidence for your argument. If this happens, you might feel overwhelmed when deciding where to begin with a deposition. The good news is that your lawyer can assist and advise you during this process. A lawyer can determine who to depose and what kind of questions to ask during the deposition.

To prepare for this decision, consider who to depose. These are some common examples of people to depose in a neglect and abuse case.

People to Depose

  • It is the nursing home administrator’s job to oversee the facilities and the staff members at a home. By deposing the nursing home administrator, you can ask a lot of questions. Ask questions about management, staffing personnel, and medical care. Also ask about financial matters, facilities, medical supplies, and more.
  • Certified Nurse’s Assistants. Nurse’s assistants should not oversee care plans or the treatment of residents. A registered nurse should carry out or oversee these jobs. By deposing a CNA, you can learn about inappropriate jobs given to these assistants. This could have lead to neglect or abuse.
  • Director of Nursing. The director of nursing should oversee the nursing staff. They should oversee the other nurses. They should also make sure that communication flows freely. Also, they make sure that there are no issues in the home. Any neglect or abuse should be brought to the attention of the director of nursing. Deposing this director can give you information about how the nursing home runs. You’ll also learn about issues with the staff that may have contributed to the neglect or abuse.
  • Floor Nurse/Charge Nurse. Floor and charge nurses are in the trenches every day. They understand the practical nature of the nursing home and the reality of how the nursing home runs. These aspects sometimes become misunderstood or overlooked by management. By deposing a floor or charge nurse, you can get valuable information on the reality of the home.
  • MDS Coordinator. The MDS coordinator should be in charge of coordinating care. Your loved one’s lawyer should ask questions about MDS assessments. Also ask about care plans and regular assessments.
  • Therapy Staff. If your loved one discusses issues with therapists at the home, consider deposing them.
  • Treatment Staff. Staff members involved in treatment can shed light on medical errors and other issues. You can use this information to defend your case.

Documents to Depose

You can depose certain documents if you believe that they will help build your loved one’s case. Some common examples of deposed materials include:

  • Nursing notes.
  • ADL flow sheets.
  • MDS assessments.
  • Care plans.
  • Incident reports.
  • Floor management sheets.

These documents can give you insight into how the nursing home gets run and how residents get treated.

Deposing Family Members and Residents

To build the case, some lawyers like to depose the victim. They might also depose other nursing home residents and family members of the victim. This can document witness accounts of how the nursing home runs. This means that you may get deposed by your loved one’s lawyer. If this occurs, it is because the lawyer believes that it is in your loved one’s best interest. Don’t be nervous if you get deposed and have to answer questions. Your loved one’s lawyer will walk you through the process. You can expect questions such as:

  • How often did you visit your loved one in the nursing home?
  • How often did you take them out of the nursing home?
  • Did you witness any neglect or abuse in the nursing home?
  • What did you notice when you visited the home?
  • What was your loved one’s demeanor like before they entered the home?
  • Did your loved one’s demeanor change, and if so how?
  • Did you ever make a complaint against the nursing home?

If you feel confused or worried about the deposition process, be sure to talk to your loved one’s lawyer. They can explain this process and answer your questions to prepare you. If you do not yet have a lawyer, contact us. We can put you in touch with a qualified lawyer. This can make the process much easier for you and your family.