June 9, 2014

Question

I am a plaintiff suing a doctor for malpractice, the defendant attorney request me to send a lot of documents including medical statements, SSN and other private information. Also, defendant attorney scheduled a date to ask me to go to his office for an oral examination and depositions. Since this is not official court discovery request and we have not start discovery process yet, is it mandatory to provide him all information, what happen if i refuse to provide to him?so far, the defendant attorney request was sent together with answer to my initial complaint, no court schedule or any court conference has been scheduled yet. I was told nothing i need to provide until court conference at least

Answer

I'm assuming you're pro se, because your attorney would usually be asking you for these documents and information if you had one. A med mal case is not something I would recommend anyone doing pro se. The defense are entitled to discovery, but the extent of it depends on the pleadings. Usually, there is an exchange of demands and a bill of particulars served before a Preliminary Conference. Please consider hiring an attorney - if the case has merit, they'll likely take it on a contingent fee basis.


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