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I think my father's doctor concluded that dad didn't have capacity without ever giving him an opportunity to do prove him wrong.

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I have been deposed as an expert witness for the government in a lawsuit. It's not fun. I have the feeling that our poster is intending to conduct the deposition herself. If so, disaster awaits. If an attorney will be doing it I think that the attorney would be distressed (!!!) to know his client is posting questions like this.
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Pam and Garden are both right. Have a GOOD lawyer and listen to him (or her), and keep your mouth closed. Let the facts play out under the rules of law. My brother is a top attorney on LI and I follow some of his cases. ( Better than TV)
I have seen justice go down the drain by a few words spoken out of place. Let the lawyer do their job and keep quiet. good luck!
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PStern, I don't intend to insult your understanding of legal procedures, but have you ever been in a deposition? I assume you're anticipating this in the discovery phase of a lawsuit, which presumably has been initiated by your brother's attorney and will be attended by your attorney.

I used to be a court reporter and covered a few depositions. Both attorneys are present to question a witness; everything is recorded by a court reporter unless attorneys stipulate it will be "off the record."

This is usually done in one of the attorney's offices, unless depositions have different meanings in your state. From Pam's comment, it might be that depositions in NY have a different meaning and occur in court rather than in private facilities.

The doctor would be questioned by your attorney, who, if he doesn't know what questions to ask, shouldn't be handling that kind of case.

Experienced attorneys know how to pose questions to trap the deponent and get the answers they want. Questions on criteria for diagnosing dementia should be developed by experienced medical malpractice attorneys.

I understand that you want to ensure the right questions are asked but I really and strongly urge you to allow your attorney to handle this. Lawsuits can be legal and personal minefields and you should have someone in whom you have confidence.
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Stern you keep your mouth shut and your eyes open. Deposition is not cross-examination. There is no way in H*ll a Judge will allow you to cross-examine anyone. Listen to your attorney and I hope to Heaven you have one.
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The questions are going to be posed during a legal deposition.
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PStern, I'm confused; I thought this issue had been fairly well addressed in your other post (https://www.agingcare.com/questions/tell-dads-physician-that-his-dementia-diagnosis-was-half-baked-169109.htm).

First, Pam is absolutely right; you have no business contacting the physician who made the dementia diagnosis. If you plan a legal challenge, leave this up to your attorney. He/she has far more experience as well as the credentials to handle this. Cross-examination is not for the legally uninitiated.

Second, ShakingDust, it's my understanding from an Alzheimer's social worker that autopsy was in fact the only to prove Alzheimers. However, more recently, a method has been developed to diagnose while someone is still alive.

I'd have to check my notes for certain, but I believe it was through a spinal tap. That's based on recollection, not on what I wrote down while taking the course. I do remember the test had something to do with the spine.
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Ask a lawyer, not us.
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The family MD does not make the determination, a psychiatrist or neurologist is the only opinion a Judge will respect.
You are involved in litigation. Any contact with any witness would be considered tampering, intimidating, harassment etc. and would make the Judge very unhappy.
Even if the FACTS of the case are in your favor, if you tamper with witnesses the JUDGE will have your head on a platter. You will lose the suit simply by NOT FOLLOWING legal procedure. That's right!!! You can be 100% right and lose by stupidity by not following the rules of the court for proper procedure.
Your sibling is waiting for you to jump and make a stupid mistake.
Now how shall you proceed?
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