(845) 802-0047If you are filing a medical malpractice claim, it is not uncommon for there to be more than one defendant in your claim. Therefore, you may want to obtain the services of an accomplished lawyer who is experienced in Hudson Valley malpractice cases involving multiple defendants. A skilled medical malpractice attorney could stand by your side throughout the legal process to ensure that you are able to receive the compensation you deserve.
Litigation Process in Cases Involving Multiple Defendants
In Hudson Valley medical malpractice cases involving multiple defendants, each one of the defendants will have the opportunity to be represented by the counsel of their choice. If there are five defendants, then there could be five defense lawyers or there might be one defense attorney representing two or three defendants. Usually, the defense lawyers will proceed in the order that their names are listed in the caption of the complaint.
How Multiple Defendants May Influence the Case Outcome
With Hudson Valley medical malpractice cases involving multiple defendants, it is not uncommon to see one of the defendants try to blame the other for the accident. This can influence the outcome of the case. This can result in a favorable outcome for the plaintiff because if one of the defendants is blaming the other, then it is likely that the other defendant will point the finger back.
For example, if a medical malpractice case involves a failure to diagnose, one of the doctors may say that they were not aware of certain signs or symptoms because they were not conveyed by another doctor. This is an ideal situation for a plaintiff.
Confidentiality in Medical Malpractice Lawsuits
In a medical malpractice lawsuit, the injured party waives any confidentiality or privacy relating to the claims made in the lawsuit. When defendants testify, they have no issues with any confidentiality or privacy issues in the case because the injured party has waived any privacy or confidentiality.
Presenting an Argument to Multiple Defendants in Hudson Valley
When there are multiple defendants, the injured party’s attorney needs to present expert opinion testimony that there were deviations from the standard of care by each one of the named defendants. If there are five defendants and the plaintiff only has evidence against three or four, then the remaining co-defendants will be let out of the case at the end of the plaintiff’s case-in-chief.
In other words, after the plaintiff presents all of their expert witnesses and testimony, if there is not a deviation from the standard of care from every single one of the named defendants or proof that the deviation from the standard of care was a factor in causing the injured party’s injuries, then that is a problem. The court will hear motions for a directed verdict by the defendants. The attorneys will then seek to have the case dismissed based upon their claim of lack of proof against their defendant. This is why it is essential to obtain a dedicated lawyer who is knowledgeable about Hudson Valley medical malpractice cases involving multiple defendants.