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DISCOVERY: RFP & Deposition

Discussion in 'Professional, Medical Malpractice' started by Justice1, Jan 13, 2019.

  1. Justice1

    Justice1 Law Topic Starter New Member

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    Jurisdiction:
    South Carolina
    Subpoena VS RFP
    I am a pro se plaintiff in a med mal with 3 Defendants nurse(that committed negligence) doctor and the healthcare institution. All has gone very well and we are now a few months into discovery. We have both exchanged one set of interrogatories & responded (mine to nurse) and a couple of depositions have been scheduled. 2 weeks ago I sent off interrogatories & RFP to the healthcare institution and the doctor. I have requested the pertinent patient records for "same procedure" within a few years from the incident. along with billing information, Is RFP good enough or should I send a subpoena too?

    In discovery it has been disclosed the nurse has multiple problems that may have impeded her duties, she lost license prior due to alcohol dependence, has diagnosed with anxiety, depression and is on medication, has a DUI about a year after the incident. Should I subpoena her mental health records? I am think she may have a problem with hurting people & other issues that are related to this case also I am appalled that the doctor and healthcare institute let her practice with all her problems and plan on seeking more damages from them now that I am learning more of the high risk this nurse is to all her patients, evident in what she did to me. Is there a measure of Vicariously liability other than the 350 per defendant non economic cap?
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Yep, it's easy to be pro se... Until it isn't.

    A subpoena to a defendant is improper. If a defendant doesn't comply with the Request for Production you file a Motion to Compel Production. That you didn't know that indicates that you are perhaps in over your head and might get deeper and deeper especially if your defendants have attorneys who can run rings around you.

    That's up to you. Though I can't imagine how you will get them from her mental health providers without one.

    You have evidence (not just sayso) that the employer had knowledge of her problems?

    Beats me. But I don't have to know that because I'm not the one suing.
     
  3. Justice1

    Justice1 Law Topic Starter New Member

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    I was just going to correct my question about subpoenas as I now know within the parties RFP is fine outside people subpoenas are needed.

    I appreciate your response believe it or not this is a straightforward case (I wouldn't be doing it on my own if it wasn't) I'll be rewarded damages and it'll settle yet I just don't want to cut myself short.

    In Discover, I found out the magnitude of her problems & its disturbing they let her practice & have access to dangerous injectable drugs, no informed consent no proper diagnoses she just felt like injection me...I had no clue what she was doing and ended up very sick with damage you can see.

    Yes the doctor is married to the nurse and her alcohol dependence & license suspension was before
     
  4. zddoodah

    zddoodah Well-Known Member

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    If these persons/entities are parties to the suit, discovery requests are all you need.

    This question calls for legal advice, which would be improper.

    You'll have to do some case research. To the best of my knowledge, no South Carolina attorneys follow these boards regularly.
     
  5. Justice1

    Justice1 Law Topic Starter New Member

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    Thank you for your reply.

    I have economic and non economic calculated for this med mal. Usually Non economic is 5 times what economic( 75k) damages and SC cap is 350k per defendant. ARE there guidelines &/or reference for vicarious liability defendant damage figures?
     
  6. Justice1

    Justice1 Law Topic Starter New Member

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    Is there any restrictions on how many Request for Productions there can be in a case?

    I know the limit is 50 Interrogatories per defendant, just wanted to make sure for RFP.


    Also If I ask a defendant an interrogatory, can I ask that same question again in the defendant's deposition?
     
  7. army judge

    army judge Super Moderator

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    Are you sure you want to travel this highway?
     
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  8. zddoodah

    zddoodah Well-Known Member

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    I don't know of any jurisdiction that limits RFPs, but you should read your state's rules of civil procedure.

    Yes.
     
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  9. Justice1

    Justice1 Law Topic Starter New Member

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    Thanks for your reply zddoodah RFP limits are not in SC rules of procedure as interrogatories, I just thought I'd ask here.
     
  10. Justice1

    Justice1 Law Topic Starter New Member

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    Defense counsel has deposed the plaintiff's treating doctor therefore the testimony can not be like an Expert Witness' with opinions to other aspects of case yet must be relevant to the doctor's records and treatment of the patient/plaintiff, correct?
     
  11. zddoodah

    zddoodah Well-Known Member

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    This run-on sentence is pretty well unintelligible. Can you clarify what you're asking?
     
  12. Justice1

    Justice1 Law Topic Starter New Member

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    The defense counsel has deposed the plaintiff's treating doctor. Is it true, the testimony can only be relevant to the treating doctor's records and treatment of the patient/plaintiff and not include opinions to other aspects of case, like a Expert Witness can do?

    Basically is the difference in Treating Doctor Testimony vs Expert Witness Testimony always enforced, both depositions and trial?

    Thank you
     
  13. zddoodah

    zddoodah Well-Known Member

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    I think what you might be asking is whether a doctor who is deposed as a "treating physician" can also give expert opinions.

    The answer is that it depends on the applicable rules of civil procedure and case authority interpreting those rules. I'm not admitted in South Carolina, but I've never heard of a jurisdiction in which the answer would be anything other than yes.
     
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  14. army judge

    army judge Super Moderator

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    I would agree with, and also state for full disclosure, I am not a member of the SC Bar.

    I can tell you as a judge, I have allowed certain witnesses called to testify for one purpose to be also be qualified as expert witnesses as well.
     
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  15. Justice1

    Justice1 Law Topic Starter New Member

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    Defendant's Expert Witness Affidavit from a medical doctor (not a psychiatrist nor mental health provider) has some disturbing remarks on it about the plaintiff which have no basis. Stating bi polar and anxiety could explain why the plaintiff acted this way and the reason for some circumstances are "misplaced aggression and anger, consistent with manic highs and deep lows that bipolar patients experience."
    The plaintiff has never been diagnosed with bipolar, anger, aggression and has not had maniac highs and deep lows as stated in his affidavit.

    what is recourse for this defamation of character? and the blatant untruths in his affidavit?
     
  16. army judge

    army judge Super Moderator

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    Were you (or are you) tried (being tried) for a criminal charge?

    If you are, have you consulted with your criminal defense attorney?

    Testimony given as part of a legal proceeding is protected.

    Essentially, it is impossible to sustain and prevail a civil litigation against a witness, defendant, or plaintiff in all legal proceedings, especially civil or criminal trials.
     
  17. Justice1

    Justice1 Law Topic Starter New Member

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    No it is a medical malpractice case, I am the plaintiff and this doctor has made these untrue statements trying to undermine my credibility and character. Thanks
     
  18. Justice1

    Justice1 Law Topic Starter New Member

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    I live in a one party consent state for recorded conversations. Can the plaintiff(patient) recorded conversation with a treating physician(not defendant) be used in court? What is the criteria to make it admissible evidence?
     

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