Role Of Discovery In Malpractice Lawsuits
Harmed individuals have the right to pursue justice after suffering harm due to medical negligence. Often, one of the biggest challenges in these cases is uncovering what truly happened behind the scenes.
Hospitals and healthcare providers may attempt to conceal mistakes, whether by omitting information from records, altering documentation, or discouraging staff from speaking out. This is where the discovery phase of a malpractice lawsuit becomes critically important. If you suspect that a hospital is hiding the truth about what happened to you or a loved one, contact an experienced Baltimore personal injury lawyer.
What Is the Discovery Phase?
Discovery is the part of the legal process where both sides gather evidence and exchange information relevant to a case. In a medical malpractice lawsuit, discovery allows the patient’s legal team to obtain medical records, staff communications, and internal reports that can reveal how and why an error occurred.
During discovery, attorneys use an array of legal tools. Uncovering the truth in a malpractice case requires diligence, experience, and a well-crafted strategy. This could include one or more of the following.
- Demand full medical records from all treating entities and compare them against known timelines or patient accounts.
- Depose multiple witnesses, including nurses, technicians, and administrative staff, to identify inconsistencies in their recollections.
- Request internal audits or adverse event reports, which can sometimes reveal prior acknowledgment of mistakes.
- Engage expert witnesses to analyze data and detect irregularities in documentation that suggest alterations or omissions.
In some instances, digital evidence, such as electronic health record (EHR) audit trails, can show when changes were made to medical charts and by whom. This technical evidence can be decisive in proving a cover-up.
Through these methods, a skilled malpractice lawyer can expose inconsistencies, uncover hidden communications, and piece together what the hospital may not have disclosed voluntarily.
How Are Mistakes Covered Up?
In some cases, hospitals or medical professionals engage in cover-up behavior, intentionally withholding information that could expose liability. Such actions not only undermine a patient’s right to the truth but can also intensify the hospital’s legal exposure. Courts take concealment very seriously, and when a cover-up is proven, it can be considered evidence of bad faith or willful misconduct, potentially increasing damages awarded to the victim.
Attempting to hide medical errors rarely benefits a healthcare institution in the long run. Once exposed, concealment may be viewed by the court as an aggravating factor, leading to punitive damages or larger settlements. It also damages the hospital’s credibility, both legally and publicly. Yet even with all of these consequences, there are still instances of bad behavior.
By engaging with the discovery process, your Baltimore personal injury lawyer can uncover the facts, hold negligent providers accountable. Doing so is a way to ensure that your right to fair compensation, and the truth, is fully protected.
How will you secure the justice and financial support you need following a healthcare injury? Speak with the legal team at Iamele & Iamele, LLP. There are ways to move forward with confidence, contact us to book a confidential consultation.
