For the most part, medical malpractice claims are resolved through a negotiated settlement. While many cases proceed through the pre-suit phase and into litigation, only a small number of claims go to trial.
Prevailing in a medical negligence case is far more challenging than other types of injury lawsuits. Litigating these claims requires detailed investigations and often depend on the testimony of expert witnesses.
If you believe you are entitled to monetary compensation for a healthcare provider’s negligence, a dedicated medical malpractice lawyer from our legal team could help you take your claim to trial. To maximize your recovery in a Florida medical malpractice trial, you should put your case in the hands of a skilled professional.
Proving a Physician’s Negligence
Establishing liability in a medical malpractice case is more complex than in a standard negligence claim. An attorney must show that a highly trained medical professional made an egregious error and directly caused the plaintiff’s injuries.
Building a strong case for a physician’s or laboratory’s negligence at trial requires a thorough investigation. Typically, a lawyer creates a timeline that tracks the claimant’s medical treatment from beginning to end. A strong understanding of the plaintiff’s experience will give an attorney a powerful advantage at trial.
Medical records also play a significant role in a malpractice claim. A patient’s medical records can show clear and convincing evidence of a doctor’s error.
Testimony from a Medical Expert
The other key component of a medical malpractice claim is the testimony of an expert witness. They should have no personal or professional relationship with any of the parties involved, and they must specialize in the same field as the defendant.
At trial, the witness’s testimony will focus on whether the defendant caused the plaintiff’s medical injuries by deviating from the accepted standard of care. If the jury determines that the defendant failed to comply with the standard of medical care and subsequently injured the plaintiff, they could award monetary damages to the latter.
Stages of Medical Malpractice Trial
Once the trial begins, the process for medical negligence cases is largely the same as any other civil claim. The steps of a medical malpractice trial in Florida include:
- Jury selection
- Opening statements
- The plaintiff’s case
- The defendant’s case
- Witness testimony
- Closing arguments
- Jury deliberations
- Announcement of the verdict
At any point during the trial – up until the jury reaches a verdict – the possibility of a settlement remains on the table. In some situations, the parties will reach an agreement just as the jury is preparing to render their decision.
Learn More about Florida Medical Malpractice Trials from an Attorney
While most cases settle, understanding Florida medical malpractice trials could be beneficial to you and increase your chances of success. Claimants should go into a medical malpractice claim assuming it will proceed to trial in order to be as prepared as possible.
Fortunately, a knowledgeable legal representative could offer valuable insight into this complex process. Schedule an initial consultation with an experienced medical malpractice attorney to get your claim started.
Speak to a member of our team today.