What do I need to know about the discovery process in a medical malpractice case?

The discovery process in a medical malpractice case in Virginia involves a series of steps that must be taken before a lawsuit can be filed. The first step is to obtain the patient’s medical records, which must be reviewed by the plaintiff’s lawyer and an independent medical expert. The medical expert will then issue an opinion about whether the healthcare provider’s care deviated from the accepted standards of practice in the medical field. If it is determined that the healthcare provider did deviate from the accepted standards of practice, the plaintiff can then file a medical malpractice lawsuit. The discovery process is then initiated, which involves the exchange of documents and information between the plaintiff and the defendant. This exchange is often done through interrogatories and requests for production. During the discovery process, depositions may also be taken from witnesses and the attorneys of each side, which the court may enter into evidence. The discovery process can take several months and is often the most time-consuming part of a medical malpractice case. The discovery process allows both sides to build their case and negotiate a settlement before the case goes to trial. The information and testimony obtained during the discovery process can determine whether the case will result in a settlement or whether it will go to trial.

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