Page 60 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

have presented their closing arguments along with the

plaintiff’s rebuttal, the case is submitted to the jury.

Verdict

The verdict phase is comprised of jury instruction, deliberation,
and the rendering of the verdict. This can be the most

agonizing time for the physician as there is nothing to do but

wait. Juries in a malpractice action can return a verdict in a
short time such as hours or even minutes, or they can take

days.

At the conclusion of the trial, the judge will instruct the jury on
the law that they are to apply during their deliberations. It may

seem nonsensical that the jury doesn’t hear the instructions

until the conclusion. The reason is, in theory, that if the jurors
hear the instructions prior to the commencement of the

evidence, they might make up their minds prematurely.

Specific instructions may vary from court-to-court, but
generally, the jury will be told the plaintiff has the burden of

proof and must prove each element of his or her case by a
preponderance of the evidence. They are usually told

perfection is not the legal standard and that they may weigh
the credibility of the witnesses and accept or reject their

testimony. Following the instructions, the jury moves into a

separate room to deliberate in private.

Deliberations are when the jurors discuss the evidence for the
first time. They weigh the evidence, evaluate the credibility of

the witnesses, and, hopefully, reach a conclusion. Occasionally,
jurors will ask the court to see medical records and other

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