Discovery

Question 1

When is material discoverable?

Answer 1

1. the method of discovery is proper and
2. material is written within the scope of discovery

Question 2

What are the GA exceptions to proper methods of discovery under federal rules?

Answer 2

1. no automatic prompt disclosures
2. requests can be served on nonparty without subpoena
3. responses due in 30 days and within 20 for medical records
4. 50 interrogatories allowed
5. no limit on number of depositions but not on nonparty without subpoena
6. physical and mental exams performed only by licensed physicians or licensed psychologists
7. disclosure of testifying experts and grounds for their opinion

Question 3

What is the proper scope of discovery?

Answer 3

if it is relevant and not privileged

Question 4

What is work product and is it discoverable?

Answer 4

material prepared in anticipation of litigation and protects the mental impressions of the attorney. Mental impressions of atty are never discoverable.
Other work product are discoverable if a showing of substantial need and undue hardship

Question 5

What is GA view on communications involving healthcare providers?

Answer 5

Ga statute states that no physician, hospital, or healthcare facility is required to release any medical information concerning patient except:
1. to Dept of community health when required in administration of public health programs where authorized or required by law;
2. on written authorization or other waiver by patient; or
3. on appropriate court order or subpoena

Virtually an absolute privilege governing psychiatrist patient communications ad AIDS related communications