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Understanding the Legal System

 By Dr. Jay S. Grife; JD, MA

Since most medical negligence cases are fact driven, the topic of discovery demands a specific and integral role in the trial process.  Discovery simply is the methodology used in American jurisprudence for each side to discover all of the evidence that is available in the case and to have that documentation analyzed. While specific states have rules that may limit discovery, the purpose is to prevent trial by ambush.  

Federal Rules of Civil Procedure 

According to the Federal Rules of Civil Procedure [FRCP], discovery can include written interrogatories or questions, requests for production, deposition, either oral or through written statements, request for examination, request for inspection of evidence, requests for admission, and finally independent, or as Plaintiffs’ lawyers commonly label them, compulsory medical examinations. 

Definition and Scope 

The scope discovery methods are generally a book onto itself. So, suffice it to say, discovery is the process where each party exchanges information so the merit of their respective cases can be evaluated.  Lawyers will use this evidence in developing the theory of their case and the order in which that evidence will be presented to the trier of fact.

Conclusion 

While discovery is often viewed as a mundane part of the litigation process, in reality it is the very topic that often proves dispositive in the ultimate outcome of a medical malpractice case; whether it is tried, settled, or rejected.

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Filed under: Health Law & Policy | Tagged: Malpractice Liability |