Let’s dissect the medical malpractice lawsuit. In some states, it’s now called the Health Care Liability lawsuit. (For example, Tennessee). Any way you slice it, it’s a lawsuit about medical issues potentially gone wrong.
Since most cases are brought by attorneys on behalf of their clients, let’s approach it from that angle. Once the lawsuit papers, known as the Complaint, is filed in the court clerk’s office, the respective defendants must get “served” with the papers. Most times, the deputy sheriff or a private process server hands the defendants the Complaint. In some instances, this can be accomplished by mail.
Next comes “discovery” where each side “discovers” the other side’s case. This is most commonly accomplished through selected “discovery” vehicles such as Interrogatories, Requests for Production and Requests for Admissions. These documents are formally sent to opposing side and require responses in writing. Depositions are another discovery tool that consists of formal questions and answers, under oath, of the witness.
Further dissection of the lawsuit can occur, but most medical malpractice lawsuits follow this discovery format. The deeper the discovery incision, often the more knowledge of opposing side’s case you come to find out.
