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How to Litigate a Medical Malpractice Case: Depositions

Learn key strategies for depositions, discovery disputes, expert witness preparation, and handling medical evidence in malpractice cases.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated Mar 29, 2025
How to Litigate a Medical Malpractice Case: Depositions

What You'll Learn

check_circleDraft and respond to discovery demands in medical malpractice cases, ensuring compliance with CPLR rules.
check_circleEffectively depose medical professionals and challenge opposing expert testimony.
check_circleAnalyze medical records and understand how to introduce them into evidence while maintaining HIPAA compliance.
check_circleIdentify and counter common defense strategies aimed at limiting discovery and expert testimony.

About This Course

Join Andrew Smiley, Academy Past President and host of The Mentor Esq. podcast, for his series "How to Litigate a Medical Malpractice Case." Topics covered will include how to gather the necessary evidence and resources to win the case.

Topics List:

  • Overview of Discovery Rules in Medical Malpractice Litigation
  • Drafting Discovery Demands & Responding to Objections
  • Deposition Strategies: Questioning Physicians, Nurses, and Hospital Administrators
  • Expert Witness Depositions: Preparing and Cross-Examining Medical Experts
  • Handling Medical Records, HIPAA Compliance, and Privileged Information
  • Common Defense Strategies in Discovery and How to Counter Them
  • Leveraging Depositions to Strengthen Summary Judgment Motions
  • Using Medical Literature and Research in Depositions
  • Motion Practice in Discovery Disputes: Compelling Testimony and Sanctions
  • Best Practices for Trial Preparation Based on Discovery Findings

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Andrew J. Smiley, Esq.
Andrew J. Smiley, Esq.

Attorney at Smiley & Smiley LLP

Andrew is the lead trial attorney for Smiley & Smiley, where his practice focuses on significant personal injury, medical malpractice and wrongful death. Andrew is a graduate of Brooklyn Law School. He served as Academy President in 2017–2018 and is also a Past President & Board Member of the New York City Trial Lawyers Alliance. He hosts The Mentor, Esq., a podcast for lawyers.

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Frequently Asked Questions

We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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