Trials in Medical Malpractice Cases
Many medical providers offer their patients competent and effective care, but some providers make grave mistakes that cause lasting harm. People injured by negligent medical care often not only suffer physical pain and emotional distress, but they also incur significant costs. Accordingly, people harmed by incompetent medical care often seek compensation via a medical malpractice lawsuit. Although a substantial portion of medical malpractice cases settle before they reach trial, many cases are tried to a verdict. Thus, it is wise for anyone seeking to recover damages in a medical malpractice lawsuit to retain legal counsel proficient at presenting compelling arguments at trial. The assertive Baltimore medical malpractice lawyers of Arfaa Law Group have ample experience trying medical malpractice cases. We can guide you through the process, and advise you of what damages you may be awarded for your harm.Proving Liability at Trial in a Medical Malpractice Case
In many medical malpractice cases, the parties will be able to come to an agreement regarding the plaintiff's damages prior to trial and will settle the case. In some cases, however, the parties strongly dispute issues of fact or damages, and the issues can only be resolved at trial by a judge or jury. Although parties that file medical malpractice cases understand that the end goal is to obtain compensation, they often do not comprehend what that truly entails or what they must prove at trial to obtain a successful verdict. Understanding the progression of a case is critical, however, before commending a medical malpractice lawsuit.
The plaintiff in a medical malpractice case bears the initial burden of proof. First, the plaintiff must present evidence that establishes that the defendant care provider was required to provide treatment that complied with the applicable standard of care. To do so, the plaintiff must define the standard of care that applies to the defendant, which is generally the care that a competent professional in the same practice area, with similar skills and training, would provide in the same situation. The plaintiff must then prove that the defendant departed from the standard of care and that the departure caused the plaintiff's harm.
As medical malpractice cases involve complex issues that are not easily understood by laypeople, in most cases, the plaintiff must hire an expert to explain the standard of care that applies and how the defendant’s behavior represented a departure from the standard. In most cases, the defendant will refute the plaintiff’s evidence with expert testimony or reports. Ultimately, the factfinder will find in favor of the party that presents the most compelling evidence. A knowledgeable medical malpractice attorney can help you compile all relevant evidence in your case.Proving Damages Caused by Your Harm
In addition to proving liability, a plaintiff going to trial in a medical malpractice case must prove damages. In other words, he or she must produce evidence of the economic and noneconomic harm caused by the defendant’s breach. Thus, the plaintiff must present evidence of his or her medical costs, as well as the cost of treatment that he or she will likely need in the future. If the plaintiff could not work because of his or her injuries, he or she must also produce evidence of his or her lost wages. In many instances, therefore, a plaintiff will have to engage a medical expert to establish the permanence and severity of his or her injury, and an economics expert to define his or her loss of income. In addition to evidence of economic damages, a plaintiff can present evidence of the pain and suffering he or she endured due to the injuries.Confer with a Seasoned Medical Malpractice Lawyer in Baltimore
If you were injured as a result of inadequate medical care in Baltimore, you can confer with an attorney regarding your options for seeking compensation. At Arfaa Law Group, we are skilled at aiding injured parties in the pursuit of damages, and we will work diligently to help you assert your legal rights at trial in your medical malpractice case. We can be reached at 410-889-1850 or through our online form to set up a complimentary and confidential meeting to discuss your case.