What do I need to know about the discovery process in a medical malpractice claim?
In California, the discovery process in a medical malpractice claim is the part of the legal process in which the plaintiff (the person suing) and the defendant (the person being sued) exchange information. It is also where each side obtains evidence to support its case. The discovery process usually begins after a complaint is filed. The plaintiff will serve the defendant with a Request for Production of Documents, which requests that the defendant provide the plaintiff with all relevant documents. This could include medical records, medical bills, and other documents related to the case. The parties may also conduct depositions to get sworn testimony from witnesses who can provide information relevant to the case. In some cases, interrogatories may also be used to ask specific questions. During the discovery process, the parties can also use Pretrial Examinations to get information from expert witnesses. The pretrial examination typically involves the plaintiff’s attorney asking questions of a medical expert who is knowledgeable about the types of medical treatments in question. Finally, the parties may also enter into an Agreed Medical Examination, where the doctor chosen by both sides will be used to evaluate the patient and provide an opinion about the medical malpractice claim. This can be useful in resolving a case without a trial. Overall, the discovery process is an important part of any medical malpractice claim. It provides the parties with an opportunity to gather evidence and build their case before going to trial.
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