Comporte-se

Eventualmente, culpado ou não, qualquer profissional em prática clínica regular pode vir a enfrentar um julgamento. Inexperientes e despreparados, são frequentemente presas fáceis para advogados oponentes. Abaixo, dicas de comportamento que podem fazer diferença.

Muita calma nesta hora!

The best way to throw attorneys off their game is to say the one thing they never want to hear from a witness: another question. Find a portion of the question that is vague and, instead of answering, ask for clarification of that portion. While this technique can be effective, do not overuse it or you will seem obstructive.

If you are presented with a situation where vague or lengthy questions are asked, you can respond by asking for a rephrase of the question. For long-winded plaintiff's attorneys who like to talk a lot before asking you a question, be careful not to answer or it may seem that you agree with the statements that preceded the question.

In that case, let them make their 5-minute statement followed by their 2-minute question, then say, "Could you tell me the question again? I'm not sure what you asked." This will focus the question and possibly throw them off-track because they had all their thoughts arranged and you just disturbed that.

As in the deposition, you need to be careful about what you are answering. Don't answer questions that contain double negatives. Don't answer questions that begin with a statement. Don't answer 2-part questions. Most important, don't answer an unclear or vague question. You can ask the attorney to repeat or rephrase the question so you are better able to understand what is being asked.

You are your own best expert. If you can teach the jury something, they are more likely to trust your judgment and to find for the defense.

Even when discussing complicated medical terminology, use lay terms and language whenever possible. You want the jury to understand you. Juries know that experts and defendant physicians have lots of fancy degrees. They know that you are intelligent. The key is, who do they trust? Typically, they'll trust the person who was the most affable and understandable. Make that be you.

Stay cool, even if the plaintiff's attorney is deliberately argumentative. Do not parry with them.

Avoid condescension. Hear in your head the difference that this simple phrase makes if said sarcastically or not: "Sure you can." Juries don't like sarcastic doctors. Never sound like you are annoyed at the process, even if you are.

Use the 3-second rule when answering questions. Because you have to assume that every question has a purpose, then your answer is going to be used against you somehow. Don't answer too quickly. Wait 3 full seconds before responding.

In the same vein, assume that any diagram that the plaintiff's attorney gives you to look over will have something taken out of context. Read every single word on that page. If pressed, ask for extra time. No juror will hold it against you that you want to be careful to read and understand anything put in front of you. Jurors like doctors who are methodical and considerate.

Know every word in your deposition by heart. Expect the plaintiff's attorney to ask you a question that will make your answer seem contrary to your deposition, implying that you have changed your testimony. Never change your testimony. When the plaintiff's attorney pulls out a few lines of your deposition, skim the pages before and after to place it in context. If you know your deposition better than the plaintiff's attorney, you can say something like, "My testimony hasn't changed because if you go a few pages prior to that one, you'll see...that explains exactly what I just said."

Don't lie! This should be obvious, but a surprising number of witnesses on the stand lie. Don't let that be you. Even if you haven't committed malpractice, if you are caught in a lie -- no matter how small -- the jury will not believe another word you say and you are guaranteed to lose your case.

Don't fidget on the stand. Nervousness is to be expected, but doctors should be perceived as calm, controlled, and capable. Fidgeting, biting your nails, taking your glasses on and off, twirling your hair, and so on can irritate the jury, or worse, make you look less competent.

Look at the jury when answering questions. If that makes you uncomfortable, pick a spot on the wall just above the middle juror -- that will make it seem that you are focused on the jury and will help them connect to what you are saying.