Submitted by Catwoman on Mon, 03/01/2010 - 10:08
Just wondering how it works if i actually go to trial on my malpractice case. Does the jury just decide which person, the docotor or me, they believe more and then decide who wins?
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Editor's Response
Witness credibility certainly has a lot to do with it. Although in medical malpractice cases the most important witnesses are usually expert witnesses hired by both sides to explain their cases. Also, the jury will consider ALL the evidence, not just witness testimony. After the testimony and other evidence is presented, the question for the jury becomes whether the plaintiff met his or her burden of proof. See this post for a discussion of the preponderance of evidence standard applied in MA medical malpractice cases. If you have a case pending, your attorney should certainly be able to give you a better understanding of which testimony and evidence she believes will be most important in your case. Good luck.