No Defendant is going to agree to an extrajudicial deposition from an adversarial party. Depositions will happen after a civil action is commenced.
“No Defendant is going to agree to an extrajudicial deposition from an adversarial party. Depositions will happen after a civil action is commenced.”
_____
No, but whistle-blowers and experts sometimes will even though they know the opposing party will want to schedule another one once the case is filed and full discovery from both parties has commenced.
BTW, I checked and some states have 3 and even 4 years from the date of injury (or some have the caveat of the date a person became aware of the injury) in which to file a malpractice case.
Malpractices cases are complicated and a special breed though, because doctors do not like to testify against other doctors even though they may believe the physician failed in their standard of care. And most states set a high bar for malpractice. You are in luck if you are in a liberal state though because they love going for deep pockets and will allow lawsuits at the drop of a hat for any perceived wrong.