As part of the legal proceedings, the anesthesiologist was deposed. She admitted the mistake from the beginning and did not try to cover up the error.

One of the key elements of discussion was how the lidocaine ended up in the cabinet. She had worked at this surgery center extensively, and had given fluids out of the same cabinet multiple times before. It seems that someone at the surgery center stocked the cabinet with lidocaine, unknown to the anesthesiologist.

As is typical for many operations, the patient did not meet his anesthesiologist until the day of the surgery.

One criticism of the anesthesiologist was that she should not have been giving Hespan in the first place. The lawyers asked her about her decision to give Hespan and how often she gave it.

Finally, she discusses the fact that she gave lidocaine during the code, an unfortunate decision given the patient, unbeknownst to her, was dying of a massive lidocaine overdose.