Page 61 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

documentary evidence that were admitted during the trial.

They may also ask the court to reinstruct them on the law to
be applied and/or to provide clarification if necessary. They

may not ask that the parties provide additional proof that was

not admitted during the evidentiary phases of the trial.

The jury can return with one of three responses:

 A verdict in favor of the plaintiff (judgment)

 A verdict in favor of the defendant (dismissal)

 The jury is unable to reach a unanimous decision (or

majority in some states, resulting in a hung jury)

If a verdict is rendered in favor of the plaintiff, the jury will
determine the amount of damages to be awarded. Non-

economic damages such as ‘pain and suffering’ are difficult to
quantify – there is no formula. Therefore, the calculation of

these intangible damages are subjective and are often left up
to the jury to agree upon.

A verdict for the defendant results in a dismissal with prejudice

meaning the plaintiff cannot refile the lawsuit. However, as we
will soon discuss, the plaintiff may try to appeal.

If the jury announces they are deadlocked, it means they are

unable to reach a unanimous (or whatever number is

required) conclusion. This is known as a hung jury. When this
13
occurs, judges will almost universally talk with the jury,

reminding them of their duty and encouraging them to reach a

13 Some states require less than a unanimous verdict.

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