A medical malpractice lawsuit begins with a filing of a summons, complaint, and certificate of merit. Then there are documents, discovery demands, and discovery responses exchanged between the plaintiff and the defendant. Following this, there are depositions of the parties and witnesses. In cases that do not involve death, the defense has the right to a defense medical examination. In the defense medical examination, the defendants can select a doctor of their choice to examine the person who suffered the injury. Then there will be a report of the defense medical examination, which the doctor will write their findings. After the defense medical examination, the plaintiff files a document called a note of issue, which is a document certifying that the case is ready for trial. Then the court will hold a conference to determine when the trial date is scheduled.

To learn more about Hudson Valley medical malpractice trials and how an accomplished legal professional could help you, reach out to a seasoned medical malpractice lawyer today.

Opening Statements

Hudson Valley medical malpractice trials begin when the plaintiff’s attorney gives the opening statement. The opening statement gives the lawyer an opportunity to let the court know what they are going to hear in the case. After the plaintiff’s attorney gives the opening statement, the defense attorney will give their opening statement. The reason that the plaintiff’s lawyer gives the opening statement first is that they have the burden of proof. In New York medical malpractice cases, the burden of proof is the preponderance of the evidence. This means that the plaintiff’s lawyer must prove that the issue at hand more likely than not to have occurred.

Length of Litigation in Medical Malpractice Cases

An established law firm will have a goal of one year and six months from filing the lawsuit until there is the first day of trial. Sometimes it takes longer than that and sometimes it quicker. The process varies from county to county due to some counties being so congested with cases that the process takes longer. For example, in Westchester County, the process for getting a lawsuit to trial can take three to five years. In Ulster County or Green County, the litigation process is much faster because there are much fewer lawsuits so the courts are able to handle the cases much more quickly.

The most important factor in terms of the length of a lawsuit is the county that is the venue of the lawsuit. This has nothing to do with the way the case has been handled, as it is solely because the court system itself in that county is can be very slow or fast.

Standard of Care

The most important thing in a medical malpractice is the medical records. The lawyer will need to obtain the records in order to evaluate whether a deviation from standard care has occurred. If there is a case involving a failure to diagnose a heart attack, the attorney needs to see if the records are relevant to that claim. In a medical malpractice case, the lawyer needs to have a complete view of everything that happened. The biggest mistake made by lawyers is not getting the complete set of medical records. When a case is accepted for litigation, every part of the patient’s record has to be obtained. This is why it is essential to retain the services of a well-trained lawyer who is knowledgeable about Hudson Valley medical malpractice trials.

Are Medical Malpractice Cases Jury Trials or Bench Trials?

The plaintiff has the right, under the federal and state constitution, to a jury trial. The defense also has the right to a jury trial. This is protected under the Seventh Amendment of the United States Constitution. The plaintiff can also waive that right and have a bench trial instead. A bench trial is when a judge decides a case instead of a jury. Even if the plaintiff waives the jury trial, each one of the defendants can opt to exercise their constitutional right to a jury trial.

Choosing the Venue of a Hudson Valley Medical Malpractice Lawsuit

It is important for people to know that there is more than one place that a lawsuit can take place at. The venue is the county in which the lawsuit will be filed. For example, if someone resides in Duchess County and the defendants live in Orange, Green, and Albany counties, any one of the counties in which one of the parties reside can be the place of the lawsuit. An individual may pick Albany County over the other counties because that is a venue in which the person believes there is going to be a more favorable outcome based on the population of Albany County.

For more information about Hudson Valley medical malpractice trials, reach out to a seasoned attorney today.