Atlanta Medical Malpractice Trials

After a lawsuit is filed, the defendant or defendants file a response which usually denies the plaintiff’s claims. The plaintiff and defendant share information through the exchange of documents and depositions as part of the discovery process. The lawyers may make some filings, briefs, and motions. Each party may try to have some experts excluded from the other side.

A person should get a seasoned medical malpractice litigator to represent them throughout Atlanta medical malpractice trials. The best thing an individual can do to avoid malpractice when there is a bad outcome is to tell the patient or patient’s family in clear language what happened and apologize. They do not have to admit to being at fault for the outcome, they can say they are sorry for the outcome.

Role of Opening and Closing Statements

Each party in the case gives an opening statement. The plaintiff goes first and, if there are multiple defendants, each defendant who is represented by a separate lawyer makes an opening statement. The plaintiff always goes first in presenting their case.

Each side presents a closing statement. The plaintiff goes first and then each defendant who is represented by a separate attorney goes next. The plaintiff has an opportunity to make a rebuttal closing which is the last closing statement. Because the plaintiff has the burden of proof in the case, they get the last word. Having the last word in the case might be important if the jury has not yet made a decision. The opportunity to get that last argument might help tip somebody to one side.

How Important is Witness Testimony?

Litigators in a medical malpractice case focus on the testimony of the injured so it is important that the victim keeps a record of injuries and negligence. If necessary, they could write down what happened. When a case goes on for a year or two, they might start to forget. The injured party should keep all documents and paperwork related to their case and keep in touch with friends who are involved or are witnesses.

The defense may focus on whether the patient did or did not follow their doctors’ instructions, not just the doctor they are suing but other doctors involved in their treatment. It is always is a good idea to make sure to follow the instructions of the physician.

Are all Medical Malpractice Trials Usually Decided by a Jury?

Medical malpractice cases can be bench trials, but jury trials might be better for the party pursuing the malpractice claim. An attorney might not a jury for Atlanta medical malpractice trials if the specific case is in a venue or a district that might not be fair for the individual. That could be a situation where they consider a bench trial. When the issues are so complex and difficult, a judge might be best-suited to make the decisions. But most cases go with a jury trial.

Hiring an Attorney With Medical Negligence Claim Experience

Most of the time, a person seeks the help of a medical malpractice attorney because something bad happened and the doctor will not explain what happened. Even when something bad happens and there was negligence, if the doctor is human about it, people are conditioned to give doctors the benefit of the doubt because medicine is not an exact science. When the doctor does not explain what happened, is mean, or gets real quiet, the person’s radar goes off and they may believe the doctor is trying to cover up something.

Georgia has an apology law that says if a doctor apologizes, that cannot be used against them during Atlanta medical malpractice trials. The first thing a doctor should do is be honest with their patient and try to give them answers as to what happened. Patients and their families appreciate that honesty and apology. They could still sue the doctor, but the apology cannot be considered an admission of guilt and cannot be used against the doctor in court.

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