What Is the Discovery Phase of Litigation in a Cleveland Medical Malpractice Lawsuit? November 28, 2012.
Medical malpractice lawsuits can take a long time partly because of the discovery phase of litigation. This is when relevant documentation and information is collected or requested from the other parties.
Elements of the Discovery Phase
The information and documents collected during the discovery phase help both sides determine what will be admissible evidence in the lawsuit. One of the most common aspects of the discovery phase is the deposition, in which witnesses and/or the parties involved in the medical malpractice lawsuit provide sworn testimony about what happened.
Interrogatories are another part of litigation. These are written questions given to the other side. The party who receives the listed questions will write their answers to them.
Parties may also request certain documents throughout the discovery process as each side builds its case.
Discovery is usually the longest part of the lawsuit process and can take several weeks or even months to complete.