Throughout the course of medical malpractice cases, depositions are a key component of the process of discovery. In these cases, it is common practice for defense counsel to seek the depositions of family members of named plaintiffs. These depositions can provide crucial information regarding firsthand knowledge of the medical treatment at issue as well as illuminating evidence regarding causation and alleged damages.

Through common courtesy, the scheduling of these depositions is often coordinated with plaintiffs’ counsel. Frequently, defense counsel will identify the family members of which they are seeking the depositions, and will contact plaintiffs counsel regarding the availability of these individuals, as well as counsel. At that point, plaintiffs counsel will usually confirm availability of the individuals and facilitate the scheduling of depositions. However, for some, the association by plaintiffs counsel does not end there.