Under Oath: How Physicians Can Testify Effectively
If you become involved in litigation, whether as a defendant or as an expert witness, remember that your presentation is critical. Your credibility depends not only on your clinical expertise, but also on how effectively and professionally you communicate it.
Before ever appearing in front of a jury, you will almost certainly participate in a deposition. While it may feel conversational at times, a deposition is a formal legal proceeding conducted under oath. You will be questioned by attorneys, including at least one whose role is to challenge your opinions or your care. Every answer creates a record that shapes the course of the case.
“Work closely with your attorney to understand the legal context, anticipate areas of questioning, and refine how you communicate your opinions... Effective preparation will help ensure that your expertise is conveyed with the clarity, confidence, and professionalism your deposition or trial testimony requires.”
The first, and often most difficult, objective is to remain calm. Skilled opposing counsel may probe for signs of discomfort or uncertainty. Taking time in advance to center yourself, through breathing techniques, preparation, and understanding the process, can help you stay composed. Maintaining that composure can also minimize nervous habits, such as over-talking or speculating, which can quickly undermine your testimony.
Equally important is answering only the question asked. Both in defending your care and offering expert opinions, attorneys may pose complex or layered questions. Listen carefully, pause if needed, and respond with precision. Avoid volunteering additional explanations unless necessary. Excess detail can unintentionally broaden the scope of questioning or create confusion.
As a physician, you bring specialized knowledge that attorneys and jurors do not possess. Whether you are explaining your clinical decisions as a defendant or offering opinions as an expert, clarity is essential. Avoid jargon when possible and explain concepts in a way that is accurate but accessible. At the same time, be mindful not to sound dismissive or condescending. The goal is to educate, not to advocate in a way that alienates your audience.
Additionally, tone matters. As a defendant, it may be appropriate to acknowledge that a patient experienced a poor outcome while maintaining that your care met the applicable standard. As an expert, you may need to evaluate another provider’s care while remaining measured and objective. In either context, demonstrating professionalism and empathy without conceding your points can enhance your credibility.
Striking the right balance between being assertive and maintaining a conversational tone is also critical. Overly defensive answers can appear evasive, while overly agreeable answers may suggest a lack of confidence in your opinions. Whether you are defending your own care or offering expert testimony, aim to be thoughtful and direct. Make reasonable concessions when appropriate, but remain firm in your conclusions when they are supported by your medical judgment.
Finally, recognize that depositions and testimony are skills that benefit from preparation. Work closely with your attorney to understand the legal context, anticipate areas of questioning, and refine how you communicate your opinions. If you have concerns about how you come across – whether as too technical, too brief, or overly detailed – they can be addressed in advance and perfected. Effective preparation will help ensure that your expertise is conveyed with the clarity, confidence, and professionalism your deposition or trial testimony requires.
Madeleine B. Loeffler is a healthcare law and medical negligence defense attorney with Sturgill, Turner, Barker & Moloney, PLLC. She can be reached at mloeffler@sturgillturner.com or (859) 255-8581. This article is intended as a summary of state and/or federal law and does not constitute legal advice.
This article originally appeared in the Lexington Medical Society June 2026 Newsletter.
