Natural History of a Lawsuit

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The Incident

The Cast

The Natural History of a Lawsuit

You are involved in care of a patient who has a bad result - especially an unexpected bad result.

You receive a letter from a lawyer or Summons & complaint

The Parties will exchange written Discovery

Your deposition will be taken by the other side, under oath before a Court reporter.

Trial

Post trial motions and appeals.

A note about timing and emotions.

Legalities

The Parties will exchange written Discovery

1. See to it that your attorney. has all medical records from your clinic and all memos and all bills and all correspondence. Look for additional records as they become available, and feel free to suggest to your attorney where additional records might be found. You want your lawyer to have everything.

2. The purpose of the discovery process is to avoid surprise. Do your best to see to it that your attorney is not surprised- if there are two views and one is favorable give him both.

3. Interrogatories and requests for production. You will get written requests for information. Please read the requests and help your attorney answer. Then when responses are prepared, read the answers. This is not just legalese, it is important that the responses be accurate. .

4. An independent medical exam can be requested for the patient. Advise your attorney if there is a reason to think:
a. plaintiff is exaggerating injuries ;
b. medicine offers hope for substantial improvement in plaintiff's condition; or
c. testing might establish something useful about liability, cause of injury or damages.