The trial of a medical malpractice case is the culmination of lots of preparation, organization and experience. Medical Malpractice trials present many challenges not found in the trial of other civil matters. First of all, the issues and medicine are usually more complicated. Trying to simplify medical terms and explanations to a judge or jury who is not a doctor is difficult. Coordinating medical witness testimony is very challenging. Testifying physicians typically want to get in and get out in the least amount of time possible. However, the court and judge determine the time available for testimony during any given day of trial and this can change on a moment's notice due to court issues or issues with a particular juror.
Medical testimony can be tedious and boring. Finding a way to present it in an interesting way that is favorable to your case requires alot of experience from the trial lawyer. Even the most prepared and experienced lawyers face issues during a trial that could not have been anticipated. Trials never go exactly as planned. Witness testimony never comes out exactly as hoped. Judges do not always rule on evidentiary issues exactly as expected. Jurors do not always receive or review evidence exactly as the lawyer thinks that they should view it.
Medical Malpractice trials are very risky undertakings for both sides. They are also expensive and time-consuming. In this section, we attempt to explain and illustrate some of the issues we face in trying these difficult cases.