Medical malpractice occurs if a medical provider fails to act by the proper standard of care, injuring a patient during treatment. When seeking compensation for damages, there is an extensive process to build a strong case, such as investigation, tribunal, discovery, settlement, and trial. The discovery period of a medical malpractice case is essential, as it allows parties to exchange relevant information to use as evidence at a trial.
The highly qualified medical malpractice lawyers at Goza & Honnold will obtain medical records and other necessary evidence to understand the issues of your case and determine its strengths and weaknesses. With our decades of experience and meticulous attention to detail, we will work to build a strong medical malpractice case on your behalf while you concentrate on recovering from your injuries.
What Is the Discovery Period in a Medical Malpractice Claim?
The discovery phase allows both parties involved in a medical malpractice case to gather and exchange information related to the case.
The primary objectives of the discovery period include the following:
- Fact-finding: To uncover relevant facts and evidence related to the alleged malpractice, which may include medical records, witness statements, expert opinions, and other documents.
- Case strength assessment: To evaluate the strengths and weaknesses of the case from both the plaintiff’s and defendant’s perspectives. It helps each side understand the evidence that may be presented in court.
- Settlement negotiations: To encourage settlement discussions based on the information obtained during discovery. It is common for medical malpractice cases to be resolved through settlements before reaching trial.
During the discovery period, various methods are used to collect information, including the following:
- Interrogatories: Written questions the opposing party has to answer under oath.
- Depositions: Oral examinations where witnesses, including medical professionals, provide testimony under oath.
- Document requests: Requests for specific documents, such as medical records, lab reports, tax returns, and correspondence related to the case.
- Expert witness records and interviews: Each party may disclose the opinions of their expert witnesses, which can significantly impact the case’s direction.
The information found during the discovery period may shape the outcome of your medical malpractice claim. It allows your medical malpractice lawyers at Goza & Honnold to gather evidence that supports your claim, increasing your chances of success.
If a settlement is not reached during or after the discovery period, the evidence gathered becomes vital in preparing for trial. It forms the basis for witness examination, expert testimony, and the presentation of your case in court.
Recoverable Damages in a Successful Medical Malpractice Claim
You may seek various types of economic and non-economic damages in a successful medical malpractice claim. These damages are intended to compensate you for the harm you suffered due to medical negligence.
Depending on the circumstances of your case, you may recover the following:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Emotional distress
- Punitive damages
Consulting with the lawyers at Goza & Honnold is essential to understanding your rights and the full extent of the recoverable damages in your specific case. We will navigate the legal process and work to fight for justice and compensation for the harm you suffered.
Speak With the Missouri Medical Malpractice Lawyers at Goza & Honnold
Seeking a medical malpractice claim is a complex and challenging journey involving a time-consuming discovery period. The lawyers at Goza & Honnold understand that no amount of compensation can fully erase the harm caused by medical malpractice. However, victims can hold negligent parties accountable to obtain the financial support needed for healing and recovery.
Speak with one of our highly experienced medical malpractice lawyers today for a free consultation by calling (913) 451-3433 or filling out a contact form.