Medical malpractice litigation can be long and arduous. This process begins when an injured patient files a complaint. Defense lawyers may then file pleadings in response to the complaint, such as a motion or an answer. Then the claimant must draft a written discovery, which should include expert depositions and expert disclosures. If both parties cannot resolve a case through discussions or mediation, it could be scheduled for trial.
The ligitation process can be extremely overwhelming without help from a legal professional. A seasoned attorney could guide an injured victim throughout the Glastonbury medical malpractice litigation process while they focus on their recovery. If you have been injured due to the negligence of a medical professional, contact an experienced medical malpractice attorney.
Opening and Closing Statements
The litigation process for a Glastonbury medical malpractice case begins when the lawyer for the injured patient gives their opening statement. Once the plaintiff’s attorney finishes, the defense attorney would then have the ability to give an opening statement in court.
The closing arguments are made by the attorneys, with the plaintiff’s going first, followed by the defense lawyer. Usually, the plaintiff’s lawyer would reserve time to rebut anything said in the defendant’s closing argument.
The purpose of the closing arguments is to try to influence the outcome, to the extent that juries are persuaded by what they hear in closing arguments. It is also the last and sometimes the best chance for attorneys to persuade the jury to their side, their position, or their story of events.
Litigation with Multiple Defendants
Medical malpractice litigation in Glastonbury does not change much when there are multiple defendants. However, if there are several defendants with disparate interests, they could receive up to eight peremptory strikes of jurors. This can make the jury more favorable to the defense by getting rid of jurors without having to give a reason. Also, several defendants can allow for confusion when arguments are made, therefore making it more difficult for the plaintiff to build their case.
When creating an argument for a case with multiple defendants, an attorney should have a concrete understanding of what happened in the case. In their argument, they may explain the role that each defendant played, why the plaintiff is suing each party, what they could have done differently, and what harm they caused.
The Timeframe of Medical Malpractice Cases
In general, litigating a Glastonbury medical malpractice case could take two to three years. The more complex a case, the longer it will take. The length of litigation can depend on the type of evidence that the attorneys present at trial, and how much of it they dispute. Also, the more disputes or, the more evidence there is in a case, the longer the trial can take. Another factor that can determine the length of a trial is the positions the respective parties take and their disagreements about the case.
Important Factors of Litigation
The crucial elements that Glastonbury medical malpractice case litigators may focus on include preserving the record at trial, making sure the evidence is appropriately presented, ensuring the proper expert witness testifies and making sure the case is presented effectively to a jury or a judge. The focus of an attorney’s argument should be on the conduct of the defendant, what they did, should have done, or could have done differently to avoid the patient’s injuries.
Another key element of this process is how the case is set up. Medical malpractice cases are frequently jury trials because either the plaintiff or defendant can elect jurors unilaterally. If neither party elects jury members, the case also may be a bench trial.
A critical factor to medical malpractice lawsuits is the chance of not obtaining a successful outcome. Sometimes, even though a physician negligently injures a patient, there may not be a possibility of a viable lawsuit because the damages are not significant enough, the cost of litigation is too high, or there is a likelihood that a jury finds in favor of the hospital because they may face the fear of putting their local hospital out of business.
Contact an Attorney to Learn More About Medical Malpractice Litigation in Glastonbury
Injured patients should know that medical malpractice cases are complicated, and that compassionate lawyers understand the pain someone may feel when they have been hurt by a medical professional. Our attorneys hope to make your situation right if you have suffered an injury due to the negligence of a healthcare provider. Contact our office for a consultation on your case and to discuss Glastonbury medical malpractice litigation.