Page 20 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

The Local Rules of Court are specific to each court. They are

established by the local judges and typically only apply to the
court(s) within that county. For example, they set out on what

day(s) of the month motions shall be heard and trials shall be

conducted. They also outline how certain discovery disputes
shall be handled.

The aforementioned rules apply equally to all parties and

attorneys. Unfortunately, many of these rules are not absolute
and great discretion is granted to the trial judge to extend or

even waive a rule or certain parts thereof – which is frequently

done.

Who will decide my case?

The vast majority of civil malpractice cases that proceed to the
conclusion of the trial are decided by a jury rather than a trial

judge. Each party to a malpractice lawsuit has the right to
8
demand a trial by jury. If one party makes such a demand, the
case will be heard and decided by a jury. Plaintiffs’ attorneys

almost always want a jury in the hopes to play upon the jurors’
sympathies and hopefully increase the chances for an

excessive or ‘runaway’ type verdict. We have found that in

most cases, juries also benefit the physician defendant. Juries
tend to have a preconceived bias in favor of the physician and

80 percent or more of the time, they decide in favor of the
physician. Whereas some judges tend to want to reach a

‘compromise verdict’. Judges are more likely to find in favor of

8 This does not include cases that are dismissed by the trial judge at the conclusion of the plaintiff’s
proof.

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