Every piece of evidence or witness has to be discovered and revealed long before the trial begins. The legal teams for both the plaintiff and the defendant must exchange information that they will use in court. This is the discovery process that is commonplace in courtrooms in California.
The purpose of discovery
During discovery, both parties must present and review the evidence that they plan to use against the other party. This is necessary to prevent a “trial by ambush” in which evidence is presented at the last minute. Both sides need to ensure that the information is accurate and used to create a fair outcome for the case.
The discovery process in malpractice cases is necessary to ensure that the case is valid and can move forward. Many malpractice cases are introduced to court every year but do not reach the judge and jury. The type of evidence that can be presented is limited, so the discovery process is needed to ensure that the evidence is admissible in court and will result in a case resolution.
In addition, malpractice cases are complicated and expensive. The judges and lawyers need to ensure that the case will lead to a proper resolution and the awarding of a judgment. The judge uses the discovery process to decide whether to keep or throw out a case.
Moving forward with the discovery process in a case
A thorough understanding of the discovery process is crucial for any medical provider who’s being sued. There are different types of discovery methods used, from depositions to interrogations. It’s a common procedure that needs to be performed before the trial begins.