Do I Have to Testify if I Sue a Podiatrist in New York?
Today, we’re answering a common question from clients who are dealing with complications after foot surgery—especially when the surgery may not have been necessary in the first place:
“If I file a lawsuit against a podiatrist in New York, will I have to testify?”
The Short Answer: Probably, but Not Always in Court
If you file a podiatry malpractice lawsuit in New York, there’s a good chance you’ll have to testify at some point. But this doesn’t always mean standing in a courtroom in front of a jury.
What Is a Deposition?
Most people who file a medical malpractice case will be asked to give a deposition—a formal statement taken under oath, usually in a conference room (not a courtroom).
Here’s what to expect:
- You’ll be asked questions by the defense attorney.
- Your lawyer will be present with you.
- A court reporter will record everything that’s said.
We thoroughly prepare all our clients before a deposition so you feel confident and understand what to expect. While it may feel intimidating, we’re here to guide you through the entire process.
Will I Have to Testify at Trial?
In New York, most podiatry malpractice cases do not go to trial. In fact, fewer than 10% of these cases ever reach a jury verdict. The majority settle before trial.
But in the rare event that your case does go to trial, we’ll make sure you’re fully prepared—just like we do for depositions. You won’t go into it alone or unprepared. Many clients find they do better than they expected once they understand the process.
Final Thoughts
Testifying—whether in a deposition or in court—is an important part of many medical malpractice cases. While it’s natural to feel anxious, with the right legal team by your side, you’ll be fully prepared and supported.
If you’re dealing with the aftermath of a foot surgery gone wrong in New York, and you’re wondering what your legal options are, we’re here to help.
Have Questions About a Podiatrist Malpractice Case in New York?
Contact us today for a free consultation. We’ll walk you through what to expect and help you take the next steps toward justice and recovery.
Stay tuned—next time we’ll cover how long podiatry malpractice cases usually take in New York.