Page 19 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

for this reason that we are constantly advising our

policyholders to document their care and the related events at
the time of or as close thereto as possible and to report

potential claims as soon as possible.

Are there rules that regulate the litigation

process?

Yes, there are three primary sets of rules that govern the civil
litigation process:

 The Rules of Civil Procedure

 The Rules of Evidence

 Local Rules of Court

Every state and the federal system have versions of these rules

that are largely the same. Each set of rules addresses different
aspects of the litigation.

The Rules of Civil Procedure, as the name implies, are the

procedural rules of the courts. They dictate how each phase of
the lawsuit will proceed or be conducted, including the timing

within which certain actions shall be concluded. Again, these
timeframes can vary from state-to-state. As we move forward

to the phases of litigation, we will discuss some of these

procedural rules in detail.

The Rules of Evidence establish the evidentiary rules imposed
during the trial (i.e., the manner in which evidence shall be

admitted or excluded).

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