Page 45 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

difficult to overcome. Juries expect honesty and truthfulness

from their healthcare providers. Moreover, the deposition is
sworn testimony given under penalty of perjury just as if it

were in the courtroom. There could be sanctions if a party is

untruthful.

Finally, the physician must be prepared for questions that will

implicate another healthcare provider. That other provider

could be a named defendant in the lawsuit or someone else.
Nothing will torpedo a successful malpractice defense faster

than finger-pointing among the various healthcare providers.

Of course, sometimes there is no way to avoid being critical of
another provider. Therefore, the physician should discuss with

his or her defense attorney prior to the deposition how to
respond to this type of question.

Trial

Once all of the
discovery is

completed, the next
phase of the

litigation process is

trial. The trial is the
evidentiary phase

where each party
presents his or her

proof to the jury.

In most medical malpractice cases, many years will have

passed to arrive at this phase. Why? Malpractice cases are

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