It may go without saying that bringing a medical malpractice claim can be a long, complicated and arduous process. Depending on the type of injury or sickness claimed, it may be months, or even more than a year before a case is heard before a jury or meaningful settlement talks begin.
Part of the reason behind the length of the litigation process is discovery. This is when each side seeks detailed information in order to answer specific and important questions about their respective cases so that they may determine whether a settlement is likely or whether they will proceed to trial.
For medical malpractice victims, your lawyers will seek information that will help prove whether a doctor was negligent in his or her actions and whether they were the proximate cause of your ailments. At the same time, the attorneys defending the doctor or hospital may be looking for information that proves that you did not follow the doctor’s treatment recommendations or that the equipment used was in perfect working order during your procedure.
Depending on the issues at hand, the discovery process may be very simple and straightforward, or it may be complicated and require a motion to compel the production of certain information. Regardless of the information sought, it is important for you not to be intimidated by the process. If the information sought is unreasonable, your lawyers will be well equipped to handle it.
The preceding is not legal advice. If you have specific questions about discovery, an experienced attorney can help.