Testifying in a medical malpractice case can be daunting for healthcare professionals, particularly when candid testimony about difficult facts concerning other individuals raises concerns about potential defamation exposure.
Fortunately, Maryland subscribes to the absolute litigation privilege, which generally immunizes litigation participants for words spoken or written during judicial proceedings. The privilege allows participants in the proceedings to speak freely, without fear of being sued for defamation. This privilege extends not only to statements made in the courtroom, but also to statements contained in documents directly related to the case. Complexities exist and exceptions occur, but in Maryland this privilege has often been broadly interpreted.
Although this privilege cannot alleviate all stressors associated with preparing to testify, witnesses should feel some comfort knowing that, under Maryland law, they are afforded certain protections under the absolute litigation privilege.
Here at Waranch and Brown, we take every step to ensure that our clients and witnesses are prepared and comfortable providing testimony at a deposition, hearing, or trial. This includes staying up-to-date on the most recent developments in testimonial protections. If you have a question about your involvement in a case as a witness or defendant, contact our experienced attorneys to discuss how we can help.