Discovery

Question 1

General Discovery Requirement

Answer 1

Material is discoverable if two things are true (1) the method of discovery must be proper and (2) the material must be within the scope of discovery

Question 2

Discovery Methods Generally

Answer 2

GA follows the same discovery methods as federal courts with the following exceptions:
1) Initial disclosures
2) Request for production subpoena
3) Timing
4) Interrogatories
5) Depositions
6) Medical Exams
7) Disclosure of Expert Witnesses

Question 3

GA Initial Disclosures

Answer 3

There are no required initial disclosures in GA

Question 4

GA Request for production difference

Answer 4

Requests for production can be served on a non-party without a subpoena

Question 5

GA Timing for Discovery

Answer 5

Responses are due in 30 days (within 20 days for medical records)

Question 6

GA Interrogatories Difference

Answer 6

Parties are permitted to submit 50 interrogatories to a party as opposed to the 25 in federal court

Question 7

GA Depositions Difference

Answer 7

There is no limit on the number of depositions, but they can be used on a non-party without a subpoena

Question 8

GA Medical Exams Difference

Answer 8

Physical and mental exams can be performed by only licensed physicians and licensed psychologists

Question 9

GA Disclosure of Expert Witnesses

Answer 9

For pretrial disclosure of an expert witness, a party may serve an interrogatory on the other party requesting disclosure of testifying experts and grounds for their opinion

After that, the expert can be deposited (examiner must pay expert’s fees)

Consulting experts are discoverable only in exceptional circumstances

Question 10

Scope of Discovery

Answer 10

Material is within the scope of discovery if it is relevant and not privileged

Question 11

Work Product

Answer 11

Work product is material prepared in anticipation of litigation

The metal impressions of the attorney are never discoverable

Qualified Work Product – other types of work product require a showing of (1) substantial need and (2) undue hardship before it can be discovered

Question 12

Communication Involving Healthcare Providers

Answer 12

GA has a virtually absolute privilege governing psychiatrist patient communications and AIDS related communications

Question 13

Physician Shield Statute

Answer 13

Under the statute, physicians are shielded from liability from releasing information

It states that no physician, hospital, or healthcare facility is required to release any medical information concerning a patient except:
1) to the department of Community Health when required in the administration of public health programs and where authorized or required by law;
2) on written authorization or other waiver by the patient or his guardian; or
3) on appropriate court order or subpoena

The statute also provides that a patient who places their care, treatment, or nature of their injuries at issue in any civil or criminal proceeding waives the right to privacy regarding related medical information. HOWEVER, this provision is preempted by federal law (HIPPA) that requires patient consent or court order before release.