Page 54 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

the physician must be prepared both mentally and emotionally

to be called as one of the first witnesses during the plaintiff’s
proof.

The medical expert(s) for the plaintiff will also testify during this

phase. That testimony can be live or via video recording. Expert
testimony is essential to establish the elements necessary for

the plaintiff to meet his or her burden of proof.

The defendant physician must be prepared to sit stoic and
listen to the expert(s) testify that his or her care fell below the

applicable standard, that he or she failed to use reasonable

care and was negligent. The expert(s) may have other opinions
and criticisms with which the defendant doesn’t agree, but it is

important that the defendant maintain a professional

composure in front of the jury – he or she will have an
opportunity to explain his/her care and the decision-making

involved during the defense’s case-in-chief.

Other experts such as economists and forensic IT
professionals (if there are irregularities in the EHR) may also

testify as will family members and friends of the plaintiff to
elicit further emotional testimony.

Following the direct examination of each witness, the defense

attorney will have the opportunity to cross-examine them. In

most cases, the defense attorney will not try to refute each and
every statement of the witness, but will instead focus on

certain, specific testimony.

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