Medical care providers- doctors, nurses, dentists, therapists, surgeons, etc. -are expected to provide care up to certain standards accepted in the medical community. When they fail to live up to that standard, patients can be seriously injured or become seriously ill; that’s the basis for a medical liability claim.

Since most medical providers have malpractice insurance, a case in the U.S. usually begins as an insurance claim, made by the attorney for the patient. If liability is admitted and damages can be agreed, the case will be settled early to reduce the amount of costs payable. Otherwise, the plaintiff will file suit in the appropriate court. Between the filing of suit and the trial, the medical malpractice attorneys for the parties will engage in discovery, which includes interrogatories, requests for documents, and depositions.