Medical malpractice cases can be tragic because the patient is placing their complete trust in their healthcare provider, but nevertheless, these cases do occur at astonishingly high rates.
Since there are so many variables in a medical malpractice case, it is important for the plaintiff-the patient who was injured-to understand the process of the trial.
Similar to other tort cases, the plaintiff along with their attorney will file the lawsuit where proper jurisdiction exists in a court. From the point the case is filed and during the entirety of the trial, both the defendant and the plaintiff must share information they acquire during the time. This information includes the depositions, interrogatories and requests for documents.
Based on negotiated terms from both the defendant and plaintiff, the case can be settled on a pre-trial. However, if no settlement can be reached, then the case must continue in trial.
The plaintiff must have sufficient evidence, or the burden of proof, which proves the preponderance of the evidence provided. Both the plaintiff and the defendant will present experts to testify during the trial to attest to the standards of care and other technical issues required.
Either the judge or jury must then evaluate all of the provided evidence. From there, they must determine which side has a more credible case.
A verdict will then be rendered for whichever party prevails during the trial. If the plaintiff wins the trial, the jury or judge will then decide what damages will be compensated. The losing party is free to ask for a re-trial.
If for whatever reason a plaintiff who is dissatisfied with the results of a trial motions for additional re-trials and still is unhappy, they may move to additur.
If a defendant is unhappy with a judgement, they may move for a remittitur. Either the plaintiff or the defendant may take an appeal from the judgement.
Expert testimony is a vital aspect of a successful medical malpractice case which goes to trial. The witnesses must be court-qualified, based on legal precedence, which includes expert qualifications and standards.
An expert witness must be a specialist in the area to be considered. Simply having a degree on a topic is not sufficient enough. Criteria must be met for the sake of reliability.
There are two important cases which act as models for determining whether a witness is qualified.
If proper evidence is collected, then a person who is victimized certainly should seek out a well-qualified attorney to represent them.
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