Thomas A. Moore, senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that it is standard practice in medical malpractice actions for the defense to obtain discovery regarding the plaintiff's physical condition from before and after the claimed malpractice. Less common are the instances in which plaintiffs obtain discovery regarding a defendant's medical or psychological condition. However, while not routine, such discovery can be obtained.
August 01, 2006 at 12:00 AM
1 minute read
It is standard practice in virtually every medical malpractice action for the defense to obtain discovery regarding the plaintiff’s physical (and sometimes mental) condition from before and after the claimed malpractice.
Less common are the instances in which plaintiffs in such cases obtain discovery regarding a defendant’s medical or psychological condition. However, while not routine, such discovery can be obtained in certain circumstances.
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