United Brachial Plexus Network, Inc.

mlynn:
it isn't that we aren't truthful, per se. It is just that they ask the same question from different angles and if your answer is different they will focus on that. Remember, you are suing their client. Their job is to find something that they can use to help their client win. Your lawyer will do the same thing to the doctor. There is no judge in a depo, so there is no "arbiter" of what is acceptable.
Additionally, we often try to fill in the blanks. This is natural. There are blanks in that day. You were having a baby, not a lawsuit! You might have been given pain meds, slept, not slept, been hungry...their lawyer will try to focus on these things. So when I say be truthful, I don't mean that you will lie. I mean, when you don't remember, say so.

good luck,
claudia

Sorry I'm in as a guest, but we're still in the middle of our case and get so nervous about being on the boards.

In my depo they did ask about emails and stuff that I had written (and then in some cases I had to provide copies), but as the caludia said, they ask in wierd ways that may make you answer wierd or actually be able to omit something, which can sometimes be good. (Our attorney wanted us to give as little info as possible, which can be hard because you are used to helping people and moving the conversation along) Some examples of hard questions for me:

- They asked a lot about what happened during the time I was admitted until the delivery, but they put all the questions in relation to time (was this before or after this? or how long after?). I remember many important details from that night, but not in relation to time, so I had to answer "I don't remember" for most of those questions. If they had said "did the doctor do this..." rather than "did the doctor do this before or after...?" I would have been able to answer. I came off sounding like I don't remember anything.

-if you haven't already done it, write down everything you can remember about the delivery, etc., to refresh and clarify your memory. As Claudia said, they start asking questions in backward ways and you might start second guessing your own memory! You can't have your notes out (and don't even tell them you made notes because then they may want to see them), but it may help you to feel prepared.

-the most embarrassing question might be about your current sex life. If part of your case is that this stress has affected your marriage they will ask these kinds of questions.

- Make a list of what your child cannot do with his injured arm and how it affects his/her whole body so that you are prepared. It can be tricky, because they will ask if the child can do something and you know they sort of can, so you have to say yes. Our PT (unfortunately after our depo) mentioned that when she has to answer questions about function, she always answers, "not normally" or "without normal function." I wish I had said that!

That's all I can think of now, but if I think of more I'll write more later.

in response to what "guest" posted, I have to agree about the emails. In our depo, the lawyers for the doctor asked how did I find out about information and what websites did I visit. I was very lucky. My lawyer told the doctor's lawyer that the information he was looking for was on the web and he could search like I did. The doctor's lawyers asked me if he could have copies of the information that I researched. My lawyer told him no, even though I had the information in a file, my lawyer would not make things easy for their lawyer. I had to provide copies of everything I had to my lawyer just to make sure they would not joepardize anything for us.
They also focused on whether or not I was sure about the events that took place because I kept focusing on the time and that the doctor kept walking in and out during the labor for the last 45 mins of my delivery. I learned later that the doctor was looking for an open "OR" so that he could do an emergency "csection" because he kept referring to me as a "human vacuum".

thank you all so much!

I think that I said to tell the truth because our attorney told us that over and over. I think what he was trying to get across is that if you can't remember, just say, I can't remember. You will be nervous and mad and tired and angry, but if you need help ask for it.

Our case was 14 years ago and I've really tried to forget the entire thing. I kept a copy of the transcript in case Kyle ever wants to know what went and in time it does get easier to forget.

I don't remember him asking about how I got pregnant or how my sex life was after, but I can see how they would pick on something like that if he knew that it would get you upset. My lawyer said to just stay calm and not let them get to you. I cried so I can't say that I didn't let him get to me, but I tried.

I don't remember them asking what Kyle could do with his arm vs. the other, we had expert testimony about all of that. He asked stuff like what room I labored in, the time I was in that room, when I changed rooms, what time, who was in the room, what was the nurses name, what time did I start to push, when did they take me to the delivery room, how long was I in the delivery room .... stuff like that.

Our attorneys were wonderful.

We didn't have the internet back when this was happening to us. What an invasion of privacy to have to share private thoughts with the Dr.'s attorneys. My heart goes out to all of you having to go though this now.