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Professional liability insurance for healthcare professions including: dental assistant professional liability insurance, social worker professional liability insurance, pharmacy assistant professional liability insurance, pharmacy technician professional liability insurance, occupational therapist professional liability insurance, and medical technologist professional liability insurance through the American Council of Healthcare Professionals.
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What is the discovery process?
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After you receive a summons and complaint and an attorney has been assigned to you, the attorneys from each side begin what is called the “discovery process.” In discovery, each side is permitted to ask the other side questions hoping to obtain answers that will help either prove or defend the case, depending on who is asking the question. The questions come in the form of:
- Interrogatories. Interrogatories are written questions that are filed with the court. The attorney will generally ask you questions and then respond in writing in a fashion that is legally prudent.
- Production of Documents. In this form of discovery, the other side will ask that you produce all documents related to the events at issue in the case. The attorney will review the questions and produce only the documents that the other side has a right to see. The other side will ask for but will not be allowed to examine some documents because they are considered “privileged,” or do not have anything to do with the issues of the case. Your attorney is in a position to know which documents need to be produced.
- Depositions. A deposition is a formal proceeding, although it is not conducted at the court house, in which one attorney will ask witnesses, who are under oath, questions. The questions and answers are taken down by a court reporter. The purpose of a deposition is to “discover” the truth, but it is also used as a way to pin down witnesses’ statements, preventing them from changing their story at trial. Generally, depositions go forward after the parties have completed the interrogatories and production requests. At this point, the attorneys have a basis for asking the questions of the witnesses.
- Expert Discovery. In this phase of discovery, the attorneys ask questions of the other side’s medical experts in an attempt to discredit those experts. Discovery of experts includes interrogatories, production of documents and depositions as well.
After all discovery is completed, the case is ready for trial.
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