The Best Expert Witness Deposition Questions to Strengthen Your Case
Published by Lexcura Summit Medical-Legal Consulting
In high-stakes litigation—especially involving medical malpractice, personal injury, or wrongful death—expert witness depositions can make or break a case. Asking the right questions during these depositions is crucial for uncovering the truth, challenging credibility, and reinforcing your legal strategy.
At Lexcura Summit Medical-Legal Consulting, our experienced legal nurse consultants support attorneys by identifying the most impactful deposition questions to ask medical experts.
Below, we explore the best expert witness deposition questions to help attorneys gather clear, defensible insights and gain a critical edge in litigation.
✅ 1. What Are Your Qualifications and Experience in This Field?
Start with foundational questions to establish the expert’s credibility:
What is your educational background?
How long have you worked in your specialty?
How often do you testify in legal proceedings?
These questions assess whether the expert is genuinely qualified to render opinions on the case in question.
✅ 2. What Materials Did You Review to Form Your Opinion?
Understanding what the expert reviewed (or didn’t review) helps determine the thoroughness of their analysis:
Did you examine all medical records, imaging, and depositions?
Were there any documents you did not receive?
This may uncover gaps or biases in their evaluation.
✅ 3. What Methodology Did You Use to Reach Your Conclusion?
Explore how the expert formed their opinions:
What standard of care did you apply?
Are your opinions supported by peer-reviewed research or clinical guidelines?
These questions help establish whether the testimony is scientifically and professionally sound.
✅ 4. Have You Ever Held a Contradictory Opinion in a Similar Case?
If the expert has testified differently in the past, that inconsistency could be a red flag:
Have you testified to the opposite conclusion in another case?
Can you explain the discrepancy?
This can call credibility into question or reveal a pattern of biased testimony.
✅ 5. What Alternative Explanations Did You Consider?
This line of questioning examines whether the expert was objective and thorough:
Could another diagnosis explain the outcome?
Did you consider the role of pre-existing conditions?
Lack of alternative analysis may indicate a one-sided approach.
✅ 6. What Is the Basis for Your Criticism of the Opposing Expert?
If the expert criticizes another witness, make them explain why:
On what grounds do you disagree with their conclusions?
Have you reviewed their CV and qualifications?
This can highlight if the disagreement is factual or based on interpretation.
✅ 7. How Frequently Do You Testify for Plaintiffs or Defendants?
Assessing bias is key:
What percentage of your work is for plaintiffs versus defense?
How much do you earn from legal testimony annually?
These questions reveal potential financial or professional motivation.
✅ How Lexcura Summit Legal Nurse Consultants Enhance Deposition Prep
At Lexcura Summit, our legal nurse consultants work closely with attorneys to:
Review expert witness reports and identify inconsistencies
Prepare focused deposition questions rooted in clinical accuracy
Assist in cross-examination strategies
Create medical chronologies and summaries that expose gaps in testimony
Our team helps you build sharper questions and uncover pivotal insights, so you’re fully prepared when it matters most.
📞 Ready to Strengthen Your Legal Team?
Whether you’re deposing an expert witness or preparing your own, Lexcura Summit Medical-Legal Consulting is here to support your litigation strategy with evidence-based medical insight. Contact us today to schedule a consultation and elevate your next case.
