Contents Legal system Malpractice Introduction Four major elements Process of a suit Discovery The trial Consequences HCQIA oversight FAQs Avoiding malpractice Medical record Patients' rights QUIZ

Discovery Discovery is the process where both the defendent(s) and the plaintiff(s) research relevant facts which are to be presented to the courts. Discovery consists of: Oral depositions (asking a person questions). Depositions are taken under oath, in the presence of the court reporter, and should be considered adversarial, where a plaintiff's attorney is attempting to gain admissions and/or inconsistencies in testimony which will support the claim of malpractice. Ambiguous, duplicitous and confusing questions are par for the course. After an oral deposition, a transcript is prepared for your review, correction (if there are any errors or inaccuracies) and signature. Once signed, this document is your SWORN TESTIMONY. Interrogatories or written depositions (written questions). These are similar to oral depositions, except that they only consist of written questions (obviously), and provide no opportunity for cross-examination. Motions for production and subpoenas duces tecum, although slightly different from each other, both refer to requests for records or physical objects such as medical records, x-rays, office calendars or records, diaries and correspondence. A physician's personal notes or correspondence can usually be obtained, unless they are notes sent to an attorney for the purpose of legal judgment. They are then protected under attorney client privilege and cannot be obtained (that is, legal records are much more protected from discovery than medical records!). Depending on the complexity of the case, and the number of parties involved, the discovery process can last from as little as two to as many as seven years.