Page 21 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

the plaintiff than a jury, but they typically award smaller

judgment amounts.

Juries are comprised of local citizens. The phrase ‘jury of their
peers’ means simply that – other citizens. Most likely, you will

not have a jury of medical professionals (or hospital
administrators, insurance executives, or tycoons of business)

sitting on your jury.

The number of jurors that are required to compose a jury vary
from state-to-state. Most states require 12, but some require as

few as six. In addition, most states require a unanimous verdict,

but some allow a number less than unanimous such as 9 out
of 12 (Arkansas, for example). Generally, the more people the

plaintiff has to convince to prove his or her case, the better it is

for the defense.

The Elements of a Medical Malpractice Lawsuit

A civil action grounded in the principal of negligence

– i.e., the healthcare professional’s actions were

unreasonable under the circumstances.

The plaintiff always has the burden of proof in a malpractice
case. To meet his or her burden, each of the following

elements must be established by proof using the

‘preponderance of the evidence’ standard discussed earlier:

Page | 21