You are to assume that you are taking a business law class. You have a friend who has had a situation develop. He is confused and has several questions. Please explain things to him, in writing, so that he can make an informed decision. His name is Rocco Gibralter.
He went to see a doctor by the name of Phil O'Dendrum. He feels that the doctor made a misdiagnosis of his condition and that he is in bad physical shape as a result of the Doctor's negligence. The doctor thinks that the radiologist was the cause of the mistake. He wants to hire a lawyer but he has no idea about the process. He has no money to pay the lawyer up front. He is willing to pay him or her later.
How can he find a lawyer and how should he hire him or her? What about the rate, court costs? What are his options? Are there rules about where to file a lawsuit? Are there deadlines?
What will the doctor do? How should he hire an attorney? Whom should he sue and how or why?
He has heard about discovery in a civil suit. What is that? What types of discovery can happen in a case like this? Please fully explain. Why are these significant? Please detail all of the forms of discovery and why they may or may not be important in a case like this. There are several witnesses to the alleged doctor's malpractice. What discovery done with regards to their testimony? What if any discovery can be used to preserve this information?
What are the discovery issues for the doctor? Should the doctor think about costs and damages? What does the term damages mean? What type or types of damages can an injured person recover?
Bob also wants to try and avoid a trial. Is there any way to resolve this without a trial? What is the concept of ADR and how does it work? Please fully advise him. He is concerned about the pretrial motions which will be heard at the In Limine conference. What is this about and why is it significant.
Make sure that you explain where or how lawsuits are filed, and why, and further what the process is from the each side's point of view.