Page 59 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

After you have walked the gauntlet of cross-examination, the

remainder of your proof will be presented. Supporting defense
experts will testify that the standard of care was met and/or

the plaintiff’s injuries were not caused by any alleged

negligence on the part of the defendant. They will explain that
medicine is complicated, and patients do not always present in

the same manner. The goal is to leave the jury with the
impression that you provided the best care possible under the

circumstances.

After the defendant has rested (concluded his/her proof), it is

time for closing arguments.

Closing Arguments

Closing arguments are when the attorneys for the respective
parties summarize for the jury the evidence which is most

favorable to their client’s position and make impassioned
arguments as to why the jury should find in their client’s favor.

This is the last opportunity for the attorneys to persuade the
jury and they are typically given great latitude during this

phase. Your character and professional judgment will be

attacked. Do not react physically or emotionally. Throughout
the argument, the defendant needs to remain attentive and

composed – no eye-rolling, headshaking, scowling, etc. Let the

defense attorney respond to the plaintiff’s attorney’s
exaggerated (and possibly false) claims.

Procedurally, the plaintiff’s counsel goes first, followed by the

defense counsel. The plaintiff’s counsel gets an opportunity for
rebuttal since the burden is on the plaintiff. After both sides

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