How Long Is the Medical Malpractice Discovery Stage?
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Medical Malpractice
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Medical malpractice is the failure of a health care provider to provide proper medical treatment. Such failure results in an injury to the patient. To prove a medical malpractice case, you must demonstrate that the health care provider owed a duty of care to the patient. Thereafter, proof must be submitted to show that there was a breach of this duty of care and that the breach resulted in the injury. In order to demonstrate these elements in a medical malpractice case, evidence must be submitted. This evidence is gathered in the discovery phase of a medical malpractice case.
Discovery Phase
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The discovery phase of a medical malpractice case involves obtaining evidence to prove your allegations. One type of evidence collected during discovery is physical evidence, for instance, medical records, surgical instruments and photographs. Another type of discovery tool is the use of depositions. Depositions, also referred to as "examinations before trial," are formal legal interviews where witnesses provide sworn testimony. The deposition is taken by a court reporter in a question and answer style. Other types of discovery include written interrogatories, which are lists of questions for witnesses to answer in written form, and electronic discovery. Electronic discovery involves the discovery of emails, computer records and website information. In addition, electronic discovery may involve patient records stored in a computerized database. Finally, the discovery phase also includes the interviewing of expert witnesses, such as other physicians who have reviewed the case and will be called at trial to provide medical opinions.
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Length of Discovery
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Discovery is one of the most substantial components of a medical malpractice case. Discovery may involve the attorneys sorting through thousands of pages of medical records and related information. In addition, securing and scheduling witnesses for depositions can be tricky, as all of the parties in the lawsuit have the right to be present at the questioning. Furthermore, there may be hundreds of witnesses to be interviewed, among them the doctor, nurses, patient, patient's family and friends, ambulance drivers and hospital personnel. Discovery can take more than several years, depending upon the nature of the case and the level of complexity of the subject matter. In many instances, discovery is the longest phase of the case.
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