Question.1199 - How can he find a lawyer and how should he hire him or her? What about the rate, court costs? What are his options? Are there rules about where to file a lawsuit? Are there deadlines? What will the doctor do? How should he hire an attorney? Please assume that there is no insurance for this question. Whom should he sue and how or why? Will has heard about discovery in a civil suit. What is that? What types of discovery can happen in a case like this? Please fully explain. Why are these significant? Please detail all of the forms of discovery and why they may or may not be important in a case like this. There are several witnesses to the alleged doctor’s malpractice. One is a nurse named Angie O'Gram. One is a Doctor named Bennett DeWaist. What discovery done with regards to their testimony? What, if any, discovery can be used to preserve this information? What are the discovery issues for the doctor? Should the doctor think about costs and damages? What does the term damages mean? What type or types of damages can an injured person recover?
Answer Below:
Short Response Writing Assignment Jonathan Cintron-Irizarry National University HCA630 Healthcare Law & Ethics Professor Mark Caruana January 19th, 2024 Short Response Writing Assignment Considering Will N Payne's challenge in terms of a potential medical malpractice case, the possible intervention includes firstly, finding a lawyer by enquiring within the known circle in terms of those attorneys who have experienced medical malpractice and look for contingency fee basis, such that the attorney will take care of the court cost and if they win they case only then a certain percentage will be charged. Consider mediation or negotiation; while malpractice cases tend to have a status of limitation, informing the attorney to act promptly could be beneficial since rules vary based on the state; speaking of which, it is important to file a lawsuit within the jurisdiction if mediation and negotiation do not work. In terms of deposition, the attorney needs to depose Angie O'Gram and Dr. Bennett DeWaist to gather sworn testimony for the trial; in terms of discovery issues for the doctor, they need to consider potential damages and costs associated with the legal process, while here the damage is referred to compensation sought under medical bills or lost wages or any sufferings. On the other hand, considering alternative dispute resolution without a trial through mediation or arbitration. In conclusion, Will needs to give emphasis on an attorney who can address this from a "personal injury" standpoint, considering a local bar counsel will aid Will in getting a pool of legal expertise, particularly hiring those willing to go for a contingency fee with 30 to 40% settlement if the case is won; also the court cost needs to be discussed with the attorney who can be recouped post winning the case; While depending on the status of limitation based on the jurisdiction, by the legal clock ticking to avoid losing the right to sue; also the location of the court has significant impact on the case (Hall et al., 2018). Then, through the discovery process, the truth shall be unveiled, either through interrogation with an oath; this will also include requesting the desired document that needs to be produced, the disposition that will cover oral witnessing recorded by the court, lastly, medical examination of Will by both the sides doctors then Will's lawyer should be able to build a strong narrative and assess the doctor's potential defenses. In terms of witness whispers, Angie and Dr. DeWaist's testimonies, as discussed earlier, will be vital; through disposition, videotaping the information and preserving them will be helpful; at the same time, the doctors might defend Will's claim with their own experts and in terms of counting the costs damage as discussed including the bills and sufferings, there will be opposition in terms of minimizing by defending it. However, Will can also consider using an attorney to communicate an alternative peaceful resolution with the stakeholders for direct compensation rather than filing a lawsuit in order to evade the cost of the court and delay in the process. References Hall, M. A., Orentlicher, D., Bobinski, M. A., Bagley, N., & Cohen, I. G. (2018). Health care law and ethics. Aspen Publishing.More Articles From Medicine
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