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Florida Stroke Misdiagnosis Trials

Most Florida stroke misdiagnosis cases settle before trial — but the ones that do not are decided by a jury, and trial is where a misdiagnosis claim is won or lost. A stroke misdiagnosis trial turns on expert testimony about what the emergency team should have seen, the treatment window that was missed, and the harm the delay caused. This page explains how Florida stroke misdiagnosis trials work, from jury selection through verdict, and how our attorneys prepare these cases for the courtroom.

General Framework of Stroke Misdiagnosis Case

The framework for a Palm Beach Gardens stroke misdiagnosis trials is similar to any other malpractice trial. A jury is selected. They question the jury to find an unbiased jury to hear the case. There are opening statements so each side has an opportunity to tell the jury what the case is about and what the evidence shows. Witnesses and experts testify. There are closing arguments, which are the lawyer’s opportunity to summarize what the testimony was and explain why their case is right. The jury deliberates and comes back with a verdict of negligent or not and a dollar award amount if they decide that the doctor was negligent.

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Duration of a Stroke Misdiagnosis Case

Every case is different, but litigation for medical malpractice cases in Palm Beach Gardens generally several years. They are typically longer than other types of injury cases. It is a slow process, so it is usually two to three years.

Some factors that could influence the length or brevity of a case include how complicated the case is, meaning the medicine, how many defendants there are, how many medical providers are involved in treating the patient, and how many experts have been retained.

Opening and Closing Statements

The attorneys give the opening statement in Palm Beach Gardens stroke misdiagnosis trials. It is their opportunity to lay the foundation, tell the story of what the case is about, and explain to the jury what to expect during the trial. The plaintiff, who is the injured party, presents their case first. The defendant, the doctor in the hospital or the other medical providers, present their case second.

The attorneys for each side present a closing statement, which summarizes the evidence that the jury has heard, pieces it all together, and explains to the jury why the jury should fight for their side. This might influence the outcome of a case because the closing statement is the only opportunity the lawyers have to make arguments and explain to the jury why they are right, and why the jury should fight for them.

Building a Case Against Multiple Defendants

If there are multiple defendants, the litigation proceeds against all the defendants at the same time. Everyone has their own experts and their own witnesses. The plaintiff goes first at trial and the defendants have their turn after the plaintiff. The order in which the case is presented before the case does not change.

Having multiple defendants could influence the outcome of a case. It is always difficult with multiple defendants because there is only have one plaintiff, so it gives the other side an opportunity to have more lawyers, more experts, and more witnesses.

Difficulties with Multiple Defendants on the Stand

When multiple defendants are on the stand, it may be difficult to talk due to health privacy laws, because defendants are not allowed to talk about other patients they have had other than the plaintiff or other similar cases. When someone brings a lawsuit, they open the door to allowing the defendant to talk at trial about the plaintiff’s medical care and they have to sign releases to do so. A stroke misdiagnosis lawyer navigates these difficulties during trial by making sure they are up to date on the privacy laws and the rules for trial and by practicing.

How a Palm Beach Gardens Stroke Misdiagnosis Attorney Can Build a Case

If you or a loved one have had your stroke misdiagnosed, it is imperative that you speak with an attorney. An experienced legal advocate could examine your case and determine the validity of your claim. Then, a stroke misdiagnosis lawyer could present their argument by having a running theory and theme for the case from the beginning and making sure that they communicate what those theories and themes are to the jury throughout the trial, so they understand how each defendant plays into the malpractice. Work with an adept misdiagnosis lawyer that could leverage their experience with Palm Beach Gardens stroke misdiagnosis trials, in order to fight for you.

The firm’s stroke misdiagnosis pages also include town-specific pages for South Florida communities, including Boca Raton.