This module focuses on the deposition process and how to prepare for a deposition, from explaining types of depositions, formats of depositions, recommended preparation, role of the plaintiff and defense counsel, use of the medical record and other documents, to what to expect during and after the deposition.

Course References

• Brodsky SL, Dvoskin JA, & Neal TMS. Temptations for the expert witness. J Am Acad Psychiatry Law. 2017 Dec;45(4):460-463.
• Gutheil T. Deposition dos and dont's: strategies for the expert witness. Psychiatric Clinics. 2012 Dec;35(4):947-956.

Educational Objectives

• Explain what a deposition is and recognize the difference between a court-ordered deposition, notice of deposition, and subpoena for deposition
• Describe the importance of preparing for a deposition with counsel and the importance of having counsel with you at deposition
• State tips which may be helpful in avoiding some of the potential pitfalls which may impact the defensibility of a case
• Explain the goals of plaintiff’s counsel and highlight examples of responses to questions to avoid potential pitfalls

Estimated Time to Complete

Estimated Duration: 30 minutes
Program Start Date: February 1, 2023
Program End Date: December 31, 2023

Target Audience

Psychiatrists, Residents/Fellows

How to Earn Credit

Participants who wish to earn AMA PRA Category 1 Credit ™ or a certificate of participation may do so by completing all sections of the course including the evaluation. After evaluating the program, course participants will be provided with an opportunity to claim hours of participation and print an official CME certificate showing the date of completion and hours earned. 

Continuing Education Credit

In support of improving patient care, this activity has been planned and implemented by American Psychiatric Association (APA) and American Professional Agency, Inc. APA is jointly accredited by the American Council for Continuing Medical Education (ACCME), the Accreditation Council for Pharmacy Education (ACPE), and the American Nurses Credentialing Center (ANCC), to provide continuing education for the healthcare team.

The APA designates this enduring material for a maximum of .50 AMA PRA Category 1 Credit™. Physicians should claim only the credit commensurate with the extent of their participation in the activity.

Faculty and Planner Disclosures

The American Psychiatric Association adheres to the ACCME’s Standards for Integrity and Independence in Accredited Continuing Medical Education. Any individuals in a position to control the content of a CME activity — including faculty, planners, reviewers or others — are required to disclose all relevant financial relationships with ineligible entities (commercial interests). All relevant conflicts of interest have been mitigated prior to the commencement of the activity.

Presenter:

• Allison M. Funicelli, MPA, CCLA, ARM, Senior Risk Management Consultant, Risk Management Group. Reports no financial relationships with commercial interests.

Program Planners:

• Allison M. Funicelli, MPA, CCLA, ARM, Senior Risk Management Consultant, Risk Management Group. Reports no financial relationships with commercial interests.
• Vishal Madaan, MD, Chief of Education/ Deputy Medical Director, American Psychiatric Association. Reports no financial relationships with commercial interests.

Accessibility for Participants with Disabilities

The American Psychiatric Association is committed to ensuring accessibility of its website to people with disabilities. If you have trouble accessing any of APA’s online resources, please contact us at 202-559-3900 for assistance.

Technical Requirements

This internet-based CME activity is best experienced using any of the following:

• The latest and 2nd latest public versions of Google Chrome, Mozilla Firefox, or Safari
• Internet Explorer 11+

This Web site requires that JavaScript and session cookies be enabled. Certain activities may require additional software to view multimedia, presentation, or printable versions of the content. These activities will be marked as such and will provide links to the required software. That software may be: Adobe Flash, Adobe Acrobat Reader, Microsoft PowerPoint, and Windows Media Player.

Optimal System Configuration:

• Browser: Google Chrome (latest and 2nd latest version), Safari (latest and 2nd latest version), Internet Explorer 11.0+, Firefox (latest and 2nd latest version), or Microsoft Edge (latest and 2nd latest version)
• Operating System: Windows versions 8.1+, Mac OS X 10.5 (Leopard) +, Android (latest and 2nd latest version), or iOS/iPad OS (latest and 2nd latest version)
• Internet Connection: 1 Mbps or higher

Minimum Requirements:

• Windows PC: Windows 8.1 or higher; 1 GB (for 32-bit)/2 GB (for 64-bit) or higher RAM; Microsoft DirectX 9 graphics device with WDDM driver; audio playback with speakers for programs with video content
• Macintosh: Mac OS X 10.5 or higher with latest updates installed; Intel, PowerPC G5, or PowerPC G4 (867MHz or faster) processor; 512 MB or higher RAM; audio playback with speakers for programs with video content

For assistance: Contact educme@psych.org for questions about this activity | Contact learningcenter@psych.org for technical assistance