What Is the Discovery Process for New Jersey Medical Malpractice Cases

Blog,Medical Malpractice • May 6, 2020

In a medical malpractice case in New Jersey, the discovery process provides a chance for both sides to obtain information from the other party relating to the claims being made in the case. Both sides can also obtain statements and copies of documents from the other party. The discovery process is extremely important to a medical malpractice case because it provides an opportunity for you to gather useful information from the defendant that you can possibly use to defend your case at trial. 

However, the same goes for both sides. The defense can also gather information from you about the case. A New Jersey medical malpractice lawyer with experience in the discovery process can aggressively pursue information from the defendant while also carefully monitoring any information that is requested from the other side to make sure that it is legally relevant to the case. 

What Kind of Information Will Be Requested During the Discovery Process in a Medical Malpractice Claim?

Every case is unique, meaning that it can be difficult to predict what a defense attorney may request for a medical malpractice claim, but some common requests during the discovery process include: 

  • Copies of medical records from before and after the alleged malpractice incident. 
  • Names and contact information of expert witnesses the plaintiff plans to use at trial or throughout the case.
  • Details involving medical literature and medical references that the plaintiff plans to use as evidence.
  • Copies of tax returns, pay advice, and other information related to allegations of lost wages or income. 
  • Evidence related to out-of-pocket expenses involved in damages associated with the incident, including receipts, bills, and invoices.
  • Names and contact information of all witnesses the plaintiff plans to call at trial.
  • Information related to the plaintiff’s social media accounts or other online sources.

How Do Defendants Obtain Information During Discovery?

Interrogatories and requests to produce evidence are used during discovery to obtain information and documents for the plaintiff. A “request to produce” is essentially a list of documents the defendant is asking to obtain to strengthen your case. Interrogatories are questions that must be answered. All responses to interrogatories and requests to produce evidence are provided under oath. Both sides have an obligation to update the responses to interrogatories and requests to produce if novel information or documentation becomes known. 

At the same time, the defendant is also able to schedule several depositions to discover information during a medical malpractice case. The defendant may choose to depose the plaintiff, witnesses, and expert witnesses. A deposition is a testimony that is provided under oath. The questions and answers are then recorded and transcribed by a court reporter or another party that is authorized to administer oaths. Due to the fact that the rules of evidence do not apply to depositions, the parties are able to ask questions that they may not be allowed to ask at trial. This means that depositions can be potentially useful for gathering evidence in a medical malpractice case. 

Consult with a New Jersey Medical Malpractice Lawyer If You Have Been Injured Due to Medical Negligence or Medical Errors

Medical errors and medical negligence have the potential to cause severe injuries, disabilities, and even fatalities. If you or a loved one has suffered an injury due to medical malpractice, you should reach out to a qualified New Jersey medical malpractice lawyer to discuss your legal options. You have limited time to file a claim, so you should act immediately in order to protect your rights and seek justice for you and your family. Schedule a consultation today with a qualified personal injury lawyer to see if you are able to pursue a claim for medical malpractice. 

New Jersey Medical Negligence

What Is the Discovery Process for New Jersey Medical Malpractice CasesIn a perfect world, medical malpractice wouldn’t happen, and we would always get the medical treatment we need. However, that sadly isn’t case. According to statistics, medical malpractice is responsible for around 120,000 deaths annually. This alone may be shocking to know. Even more surprisingly, less than 3 percent of malpractice victims ever pursue compensation for their injuries or other damages related to their case by filing a medical malpractice claim. At Brady, Brady, & Reilly, LLC, we believe that all victims of medical malpractice deserve to recover the compensation they deserve to cover losses and damages associated with an instance of medical malpractice. The actions or negligence of a trusted health care provider can result in injuries and completely devastate a patient, worsening their condition, and perhaps even requiring further medical treatment.

Patients are at risk of experiencing catastrophic injuries when a doctor or medical facility makes a mistake during any stage of the treatment process. In these cases, injured parties can potentially pursue a personal injury claim with the help of a qualified New Jersey medical malpractice attorney. Medical malpractice claims allow victims to hold doctors, hospitals, and health care professionals accountable for their mistakes and possibly obtain compensation for their damages. If you were misdiagnosed or a physician failed to diagnose your condition, it can potentially be a fatal error. Consulting with legal council will provide you with the information you need to decide your next steps in order to receive proper compensation for your pain and suffering.