How to Review a Defense Expert’s Deposition Transcript?

Reviewing a defense expert’s deposition transcript is a critical but essential task for a plaintiff’s attorney. Thoroughly analyzing the testimony can uncover crucial facts that can support the plaintiff’s case. Through this blog, we discuss the significance of a defense expert testimony, the different types of experts engaged by the defense during trials and the key points to consider while reviewing their deposition transcripts effectively bolster a plaintiff’s claim.

Significance of Defense Expert Testimony for a Claim

Defense expert deposition testimony can significantly influence the outcome of a trial. Usually, experts with specialized knowledge in their respective fields will be involved in a case. Their expert testimony can either support or challenge the claims made by a plaintiff. In the case of a defense expert, his main aim will be to challenge the injuries and damages sustained or claims made by the plaintiff.

For a plaintiff’s attorney, understanding and countering their testimony effectively is vital to ensure favorable verdict for the plaintiff. Let’s see the reasons why a defense expert testimony is significant here:

• Credible and persuasive opinions: Defense experts are often perceived as authoritative figures in their respective fields. Their testimony can be potential enough to sway the jury by providing credible, scientific or technical explanations that may challenge the plaintiff’s claims.

• Counteract plaintiff’s evidence: Defense experts often try to disprove or counter the evidence presented by the plaintiff. They may diminish the impact of the plaintiff’s evidence by challenging the methodology, findings, or conclusions of the plaintiff’s experts.

• Highlight alternative theories: Defense experts may introduce alternative theories or explanations that cause a cloud of doubt over the plaintiff’s claims. Especially, this can be particularly effective in complex cases involving scientific and technical matters.

• Lessen the impact on damages: Defense experts in personal injury cases might argue that the plaintiff’s injuries are not as severe as claimed, or that they can be attributed to pre-existing conditions. This can greatly impact the damages awarded to the plaintiff.

Only by understanding the significance of an expert’s deposition transcript, the plaintiff’s attorney can strategically prepare for cross-examination and rebuttal, ensuring that the plaintiff’s case remains strong and convincing to the jury.

Types of Defense Experts Typically Engaged in Trials

Depending on the nature of the case, the defense may engage various experts in the trial. Let’s see some of the common experts used by the defense here:

• Medical experts: Experts from healthcare include physicians, surgeons, forensic pathologists, radiologists, registered nurses, or other healthcare professionals. They can provide expert testimony on medical issues such as injury causation, extent of injuries, medical treatments, and prognoses.

• Accident reconstruction, biomechanical or engineering experts: These experts analyze accidents, machinery failures, and structural issues. They provide insights into the mechanics of accidents, potential design flaws, and adherence to safety standards.

• Billing and economic experts: In cases involving economic damage, financial disputes and so on, experts such as billing experts, accountants and economists provide testimony on the reasonableness of costs, lost wages, or economic impacts on the victim.

• Vocational experts: Vocational experts assess an individual’s ability to work and earn income. They may testify about the victim’s employability, potential earnings and vocational rehabilitation needs.

• Mental health experts: Psychologists, psychiatrists and other mental health professionals may provide testimony on psychological injuries, mental health diagnoses, and the impact of trauma on an individual’s life.

• Technical & scientific experts: Experts in the field of chemistry, biology, environmental science and computer forensics may offer expert testimony on scientific and technical issues pertaining to the case.

Tips to review a Defense Expert’s Deposition Transcript

Understand the expert’s background and expertise

Before analyzing the expert’s deposition transcript, research on the expert’s qualifications, professional background, and any previous testimonies or publications. This would help in understanding the context of their statements. Familiarizing yourself with the expert’s report and the basis of their opinions helps you to summarize their deposition transcript.

Highlight key testimony

Identify if any inconsistencies are in the expert’s statements. Compare their testimony with their report and any other prior statements to pinpoint contradictions. Highlight sections where the expert’s testimony either supports or weakens the defense’s arguments. This will help in devising strategies for cross-examination.

Understand the technical terms and concepts

Try to comprehend the technical terms and concepts used by experts. If necessary, consult with your own experts to clarify the complex concepts. Present the complex theories as simple as possible to make the jury understand complex information better.

Identify the chances of impeachment

Use the deposition transcript to identify contradictions in the expert’s testimony that can be used to impeach their credibility. This can involve comparing their deposition testimony with other evidence or statements they made in the past. Create a list of points where the expert’s credibility can be challenged, including biases, inconsistencies, or errors in their testimony.

Evaluate the methodologies of the expert

Assess the reliability and validity of the expert’s methodologies. Analyze assumptions, data, and procedures explained in their report and compare it with their deposition transcript.

Evaluate the expert’s communication style

Assess how composed and poised the expert is in presenting their arguments and contradicting the plaintiff’s claims. This can help you plan the questions in such a way as to disrupt their composure during cross-examinations to derive evidence favoring the plaintiff.

Consult with your experts

Discuss with your experts to get their expert insights on the testimony given by the defense expert. Your experts can verify the defense expert’s claims and opinions. You can even validate the sources cited by the defense expert. This collaboration can provide evidence to substantiate plaintiff’s claims and bolster the case.

Stay updated with the latest standard guidelines in the field

Try to understand all the latest guidelines and standard care in the field. This will help you identify the outdated practices of the defense expert and if any deviations occurred.

Keep comprehensive notes

Keep detailed notes of your findings, including the inconsistencies and uncertainties to prepare questions for cross-examinations, and pre-trial preparations. Pointing out the expert testimony’s weaknesses can strengthen your position during negotiations.

Perceive the defense’s move from the expert’s arguments

Try to comprehend potential defense strategies from the expert’s deposition transcript and prepare effective counterarguments. This will help in cross-examinations and encounter defense arguments during trial.

Still finding it difficult to understand the concepts and methodologies of defense experts? Get the help of firms that offer quality deposition summaries. Send your deposition transcript along with a note on the case specific to them. They will analyze the nooks and corners of the expert testimony and locate evidence like inconsistencies, biases, and uncertainty in the defense expert’s deposition transcript review for you.

LezDo TechMed, a medical record review provider, offers precise deposition summaries packed with evidence to plan your case strategies. Contact us to condense even the most complicated and lengthy deposition transcripts and experience how case-focused our deposition review services are.

In brief, a defense expert’s deposition transcript is a vital document that can withhold the key to a plaintiff-favored verdict. By following the key steps discussed in the article, you can effectively review a defense expert’s testimony.