Page 47 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

that they will be required to be present at trial every day to

assist in their own defense. They will need to make
arrangements for someone to cover their practice during a

potentially lengthy absence.

Real-life trials are not as exciting as those portrayed in movies
and TV crime dramas where everything is scripted. In fact,

real-life trials are tedious and tend to move slowly. Because of

the rules discussed earlier, there is a sequential order and
procedural manner by which the evidence must be presented

to a jury.

Trials move at a different pace than a clinical practice. There
will be recesses, interruptions, and delays. As a physician, you

are accustomed to being in control. Now, you must sit there all

day and have your professional judgment criticized while being
unable to defend yourself until usually the latter part of the trial

when you are finally allowed to tell your side of the story. The
entire time, you are being watched by the jury – your

appearance, your posture, your mannerisms, etc., are
constantly being evaluated by the people who are going to

decide the case. And this evaluation is not just limited to the

courtroom. Jurors are always trying to observe the parties
during recesses, meal breaks, and walking to and from the

courthouse. Prepare for total immersion in the trial. Most

physicians find this to be a very grueling physical and
emotional experience.

Just as there are phases to the litigation process, there are

phases to the trial. Those are:

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