Medical Malpractice Law: Eliminate Unnecessary Delays In Discovery

, The Connecticut Law Tribune

   |1 Comments

How many times have you had to brief a motion for protective order filed by a defendant arguing that the defendant must not be deposed until after the plaintiff? And how many times have you had to wait for the defense disclosure of an expert because the defense claims that an expert cannot be disclosed until all plaintiff's experts and all fact witnesses have been deposed?

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  • trishhayn

    There is little control by the court over discovery period. Nothing applied the same way twice in my experience. Too much is left to the discretion of the sitting Judge. Insurance companies are allowed to play their games for years with no time limits much to the dismay of the injured. There is no consistency anywhere. It's like rolling the dice and hoping the prosecutor and Judge are in a good mood. This is not what our Constitution was written for.

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