Being Deposed

Depose: 2. Testify to or give evidence under oath.

A new experience. Answering questions under oath is a lot more stressful than you'd think. And it's not because I was trying to lie or hide anything, either. It's just really weird knowing that you've just sworn to speak only the truth. Sometimes, it's hard to remember what the exact truth is, and separate it from overall impressions you made from a conversation.

My good friend E had breast reduction surgery in 2007. (And yes, the doctor's lawyer is just now getting around to depositions!) The plastic surgeon botched the surgery so badly that the first time her boyfriend saw them, he said it looked like her breasts had been attacked by a bear. They are truly awful, and one other surgeon she's seen has said that they will probably have to be completely removed and then reconstructed to be fixed. Can you imagine going in for a breast reduction and the end result is that you need implants and nipples tattooed on? 

My appointment was for 11 a.m., and E's ex-husband was being deposed before me, at 9 a.m. I arrived about 10:45 a.m, because I'm habitually early for everything. And then I proceeded to wait until 12:20 for my deposition to begin. Right next to the waiting area was the glass-walled room where her ex was being deposed, and I could hear some of the lawyers questions, although not her ex's answers. The poor guy was in there from 9 to noon. I could understand how the lawyer would have lots of questions for him, since they were still married at the time of the surgery, so he was with her as she went through the healing process.

So, I began at 12:20, and I finally got out at 2:20. Two hours! The lawyer kept wanting to pin me down to dates and time --when did you have this conversation? When did you have that conversation? How many weeks after surgery? When did you first see the scars? When did you see her breasts? 

That was in 2007 & 2008! Maybe some people can remember things more specifically, but I felt like I was really floundering in time. And then somehow I felt like I was being tied down to my less-than-specific recollections.  And really, everything I said is kind of "hearsay" anyway, right? Other than what her breasts actually look like (and the pictures tell the tale much better than I can), all I can tell them is about things E said to me. Two hours for that seems kind of excessive.

I think a lot of this is intimidation --trying to wear E's resistance down so she'll drop the suit. There really isn't any question that the doctor will eventually settle (he's being sued by three other women for botched breast reductions), but they've dragged the lawsuit out for 4 years now. An expert witness who normally testifies for doctors has agreed to testify against this doctor, saying that he's never seen such a horrible result. And the only reason these depositions were finally scheduled is because the judge threatened to set deadlines if he didn't see progress being made.

I'm grateful that this experience is now behind me.