Medical malpractice cases are often the most challenging and complicated types of personal injury claims. Unlike a car accident, the material facts that form the foundation of a medical malpractice claim are outside the common sphere of knowledge of most people. Proving that a drunk driver was negligent when they crashed into a car stopped at a traffic light is significantly different from demonstrating that a surgeon failed to adhere to an accepted standard of medical care when performing a delicate and dangerous procedure.
At Rice, Murtha & Psoras, our team brings years of experience to the table. If you are going to trial in a medical malpractice case, you want a firm representing you with the knowledge and resources to handle complex litigation. Our Baltimore medical malpractice attorneys provide professional and aggressive representation.
If you believe you were a victim of medical malpractice, call Rice, Murtha & Psoras today. You want a law firm that has experience handling challenging personal injury litigation. To discuss your case, call (410) 694-7291.
Trial Preparation for a Baltimore Medical Malpractice Claim
Generally, the entire body of work our Baltimore personal injuries engage in prior to a medical malpractice case going to trial could be considered preparation. However, there are some specific aspects of preparation that will not happen until a trial date is set.
A key component in a medical malpractice trial is the expert witnesses each side will use to support their claim. Generally, both the defendant and plaintiff must disclose the expert medical witnesses that they will call to testify at trial. In medical malpractice cases, these include physicians, medical technicians, surgeons, nurses, and other medical professionals depending on the type of malpractice and the injuries sustained. In many medical malpractice cases, the plaintiff will be called to testify on their behalf.
In addition to exchanging this information, each side will prepare a trial brief that concisely presents their arguments for the presiding judge. Additionally, each side will likely prepare a set of potential jury instructions that could be used at the end of the trial.
The Discovery Process in a Baltimore Medical Malpractice Trial
Once a complaint has been filed and the case commences, the discovery process begins. During this process, each side is permitted to request evidence, information, documents, and other related materials from the other side. In addition to requesting documents, each side is also allowed to question potential witnesses. This could be accomplished by sending written questions, or interrogatories, to opposing counsel. Witnesses and parties of interest could also be formally questioned under oath during a deposition.
The process is used to evaluate the merits of your case. In some situations, if the discovery process produces additional evidence to support your claim, a settlement could be offered to avoid proceeding further with the trial.
Expert Medical Witnesses In Baltimore Malpractice Trials
Medical expert witnesses are neutral parties who are relied upon at trial to explain integral details that could impact the outcome of the case. At trial, both the defendant and plaintiff will call on expert witnesses to offer their opinions and review aspects of the cases, establish the acceptable standard of medical care, and attempt to ascertain whether the defendant’s conduct or inaction constitutes medical negligence.
Depending on the case, an expert witness could be a general practitioner or a specialist in a particular medical field. For example, our Baltimore medical malpractice lawyers might reply on the testimony of anesthesiologists, obstetricians, surgeons, or emergency room specialists to support your negligence claim.
Settlement Negotiations
If, after the discovery phase and the testimony from both sides’ medical experts, it is determined that the case has merit, the negotiation phase beings. At this point, each side will evaluate the legal and persuasive strength of their position. More often than not, if the facts appear to support the plaintiff’s claim, the legal defense team will look to enter into a settlement.
The defense attorneys will try and minimize their client’s liability. From a practical standpoint, the defense is attempting to lower the amount of damages their client will be required to pay while trying to avoid the expense of an ongoing trial.
Our Hartford county medical malpractice lawyers will consider the legal strength of your case, along with its value, to weigh the appropriateness of the settlement offer. If the settlement is unreasonable, we will suggest continuing the trial. However, as with every decision, though our office offers advice and guidance, the final decision is made by our client.
Court cases, especially medical malpractice cases, are lengthy, expensive, and impossible to predict with certainty. Therefore, many cases settle out of court. There are times where neither party is interested in settling, and the case continues.
If a settlement cannot be reached, a trial date will be scheduled. However, it is possible that your trial will not begin on that date. it could be rescheduled because of a court conflict or by request. Additionally, during this time, both sides might continue to negotiate. In many cases, a defendant will offer a more reasonable settlement as the trial date approaches.
The Jury in Baltimore Medical Malpractice Trials
At trial, both sides will present their arguments, witnesses, and evidence. the medical experts present their professional opinions and further explain the complex evidence that was presented. Each side will have the ability to ask their witnesses questions and cross-examine the opposing side’s witnesses. At the conclusion, each side will present their closing argument, summing up the body of evidence.
The jury will then evaluate the evidence and debate amongst themselves to determine if the defendant’s actions or inaction was negligent and if such negligence was the cause of the plaintiff’s injuries. If the jury determines medical malpractice occurred, they will award the plaintiff monetary compensation for their injuries and losses.
Experienced Baltimore Medical Malpractice Trial Lawyers Offering Free Consultations
Medical malpractice trials are often expensive, complicated, and exhausting affairs. However, in some cases, taking a case to trial is the only way to receive the compensation you deserve. At Rice, Murtha & Psoras, our Maryland medical malpractice lawyers have decades of experience. Call (410) 694-7291 today.