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The Medical Malpractice Trial Process

by David Zevan on Jun. 25, 2014

Accident & Injury Medical Malpractice Accident & Injury Lawsuit & Dispute  Lawsuit 

Summary: A medical malpractice court case is the conclusion of a grueling and antagonistic process. Pre-trial investigations are conducted to determine whether a doctor has violated standard medical practices and resulted in the injury.

Preparing for the Hearing

Although the entire process is considered a preparation for the court hearing, some preparations should be made before Court hearings will begin.

Competent medical professionals are asked to testify by the parties involved. They may be asked to provide testimonies showing the violation of medical care standards. Witnesses may also be called to show how the life of the injured person was affected. 

The arguments of both parties should also be shown in a trial briefing. The two parties should provide possible instructions that will be used to guide the jury in connection to the obligations once the hearing has concluded.

Medical Malpractice Hearing

The hearing will start with the selection of the jury, which will be determined by the judge. Your Medical Malpractice Attorney may be allowed to question possible jurors while the judge may also facilitate the trial based on the questions provided by the two parties. 

The opening statements are made after the jury is selected. A case summary will be given by the lawyer from the standpoint of the client showing what will happen during the hearings while supporting the position of the client.

The medical malpractice lawyer of the defendant will also provide an opening statement explaining the absence of merit in the case, as well as indicate that the doctor was not at fault. 

After the opening statements, the lawyer of the plaintiff will present the case and call a competent medical professional to show the following:

  • The standard medical care that the doctor should have provided.
  • The standard medical care was violated by the defendant
  • The suffering of the plaintiff included pain, lost wages, and health-related expenses.

The complexity of the case will determine the period of case presentation. The lawyers of both sides are allowed to question all the witnesses. After the lawyer of the injured party has finished presenting the case, the defense will be allowed to present its case. 

Closing arguments will highlight the strength of their case and restate their best evidence in the case. The jury will then deliberate and provide a verdict using the law and the facts about the case. 

The Deliberation Process, Verdict, and Appeal

The jury will come up with a decision during the deliberation process.

Questions may be asked by the jurors to evaluate available evidence. After the decision, the jury will determine the damages, which is dependent on state laws.

After the verdict is read, the losing side can file an appeal. Damages will only be paid after the appeal is resolved and the final judgement is made.

If you or a loved one has suffered harm due to medical negligence, consult with an attorney at the Zevan and Davidson Law Firm. We have over 20 years of experience and have successfully recovered millions of dollars in compensation for our clients. Call (314) 588-7200 to schedule a free consultation.

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