At a recent deposition, my attorney asked me whether a certain medical outcome was “possible.” How can I best respond to such a question in the future?

Answer from Elizabeth Brody Gluck, Esq., of Verrill Dana LLP

A. That is one of those questions that is somewhat unfair, because it sets up a situation in which you have to speculate. My best advice is to only testify about what you know.  Don’t guess or speculate. The attorney may want you to answer in the affirmative, assuming that “anything’s possible.” Don’t fall into that trap.  It’s more accurate to simply respond respectfully and honestly with something like, “I am not going to speculate.”

Elizabeth Brody Gluck is a partner in the Boston office of Verrill, Dana, LLP.  She represents providers and health care businesses on issues related to risk management, contracting, e-health, and innovative health technology matters.  You can contact her at: ebrodygluck@verrilldana.com

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