Open Bar: Dental Malpractice Depositions in New York State Supreme Court

Cityscape backdrop with a blue briefcase and gavel in the forefront

It is common for dentists to be asked or required to appear for depositions. Even for experienced dentists, the process can feel unfamiliar and stressful.

In a malpractice case, a deposition is sworn testimony about what you did, what you observed, and what is documented in the dental record. Because the transcript may later be used at trial to test your testimony and credibility, your deposition should be treated as future trial testimony.

For that reason, careful preparation is essential. A dentist should prepare thoroughly, stay within the scope of each question, and answer clearly and accurately.

Counsel plays an essential role in preparing the dentist and presenting the witness for deposition. Preparation typically includes reviewing the relevant records, identifying likely areas of questioning, and reinforcing the importance of careful, accurate answers.

The attorney and dentist should work together in a structured way to create a clear, accurate, and professional deposition record.

Deposition testimony differs from everyday dental practice. In clinical settings, dentists are trained to explain, educate, and provide context. In a deposition, the better approach is more limited and more precise.

  • Listen carefully and answer only the question asked.
  • If a yes or no answer is accurate, give it and stop there.
  • Do not volunteer information that was not requested.
  • Keep your answers concise rather than trying to advocate for yourself through lengthy explanations.
  • Do not anticipate the next question or try to speed up the process by answering more than necessary.
  • If you do not remember something, say so. A deposition is not a test of memory.
  • Stay within your area of expertise and avoid offering opinions outside your specialty.

Depositions can be long and tedious. Some attorneys may use aggressive questioning techniques or ask repetitive questions that feel unfair. The most important response is to remain calm and professional.

  • Do not argue with opposing counsel or try to outmaneuver the questioner.
  • Do not let frustration change your tone or demeanor.
  • If a question contains an incorrect assumption, correct it clearly and briefly.
  • If you do not know the answer, do not speculate.
  • If the question calls for information outside your role or memory, say that directly.

Credibility often depends as much on demeanor as on substance. Thoughtful, restrained testimony results in strong testimony.

A deposition is not a test of whether you are a good dentist. It is a legal process designed to preserve your testimony under oath.

Dentists who handle depositions well are typically those who prepare thoroughly, stay grounded in the dental record, answer with precision, and resist the urge to say more than the question requires. With the right preparation, a deposition becomes far more manageable and less intimidating.

MLMIC policyholders can reach out to our healthcare attorneys for questions about depositions or any other healthcare law inquiries by calling (877) 426-9555 Monday-Friday, 8 a.m.-6 p.m. or by email here.

Our 24/7 hotline is also available for urgent matters after hours at (877) 426-9555 or by emailing hotline@tmglawny.com.

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This document is for general purposes only and should not be construed as medical, dental or legal advice. This document is not comprehensive and does not cover all possible factual circumstances. Because the facts applicable to your situation may vary, or the laws applicable in your jurisdiction may differ, please contact your attorney or other professional advisors for any questions related to legal, medical, dental or professional obligations, the applicable state or federal laws or other professional questions.