Understanding the Professional Liability Claim Process: Part 3 The Discovery Process

Understanding the Professional Liability Claim Process: Part 3 The Discovery Process

The world of law is a beast all its own, and understanding the complexities of legal proceedings can be a challenge. This series of articles will give you a basic knowledge of the legal process involved with a claim to help you approach the situation with a little more ease and confidence.

In Part 3 of our series, we discuss what the “discovery” process is and explain the different types of discovery.

Part 3: The Discovery Process

After you receive a summons and complaint and you’ve attained an attorney (or one has been assigned to you if you’re insured in the Lockton program), the attorneys from each side of the case will begin what is called the discovery process or, simply, “discovery.”

In discovery, the attorneys—both the claimant’s and the defendant’s—are permitted to ask the other side questions in hopes of uncovering answers that will help either prove or defend the case, depending on who is asking the question.

Discovery 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 you to produce all documents pertaining to the events related to 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 case. Your attorney will advise you as to which documents you’ll need to present.

Depositions. A deposition is a formal proceeding, although not conducted at the court house, in which one attorney will ask witnesses questions. The witnesses will be under oath, and the questions and answers are recorded by a court reporter. The purpose of a deposition is to “discover” the truth, but it is also used as a way to officially obtain witness statements, and a means to prevent a witness from changing their story at trial.

Generally, depositions commence after the parties involved have completed the interrogatories and document requests. At this point, the attorneys have a basis for asking the questions of the witnesses at the deposition.

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 by both sides, the case is ready for trial.

Part 4 of our series will cover the deposition in more detail, and outline what a defendant can expect when giving a deposition.

Our article series on understanding the legal process includes these informative topics:

Part I: License/Certification Scrutiny

Part 2: Summons, complaints & subpoenas and attorney representation

Part 3: What is the discovery process?

Part 4: What to expect when giving a deposition

Part 5: What to expect in trial preparation and testimony