Foreword by Kristi Wright
Imagine finding yourself in a courtroom, defending the care you provided to a patient. It’s probably an experience you never considered during medical school or residency, but it’s one that could become a reality. Medical training doesn’t prepare you for one of the most stressful and challenging moments in your professional life. Jeremy Wale, Senior Claims Consultant at Curi, provides critical insights to help reduce that stress and guide you through the process.
If your malpractice claim needs to be resolved by trial, your attendance will be necessary and you will be notified of the date, time, and place, well in advance. As the trial begins, you will go through a critical first step: jury selection, or Voir Dire. This process allows both sides to question prospective jurors, ensuring there are no biases or preconceived notions about the case or the parties involved. The aim is to assemble a jury of impartial individuals who will base their decision on the evidence presented during the trial. Depending on your jurisdiction, the jury may consist of 6-12 members. During the trial, the judge’s role is to decide matters of law. Throughout the trial, attorneys will likely object if they believe something is incorrect as a matter of law, and the judge will make a ruling on the objection.
Once the jury is selected, the trial will begin with opening statements from both attorneys. These statements are narrative in form and are intended to give the jury an outline of each party’s case. Keep in mind that these opening remarks are not considered evidence—rather, they provide a preview of the arguments the jury will hear in the coming days.
Following opening statements, the plaintiff, who carries the burden of proof, will present their case to the jury. This is accomplished by calling witnesses to testify under oath, swearing or affirming that they will tell the truth. Witnesses can include fact witnesses, such as the plaintiff and /or their family or friends, as well as subject matter experts who are qualified to speak on matters related to the standard of care and causation. During their case-in-chief, the plaintiff’s attorney may choose to call you, the defendant, as a witness— that’s a strategic decision they will make. Your defense team will ensure you are fully prepared for this possibility. Your attorney will have the opportunity to cross-examine the plaintiff and their witnesses to challenge their testimony.
Once the plaintiff concludes the presentation of their case, your defense team will most likely make a motion to dismiss the case. This motion is made on the grounds that the plaintiff has failed to meet their burden of proof. If the judge agrees, the case may be dismissed at this stage. Dismissals at this stage are rarely granted. If the case proceeds, your defense team will present your defense to the jury. Much like the plaintiff, your team will present fact witnesses and expert witnesses to establish that you met the standard of care and/or that the injuries claimed are not causally related to your actions. Additionally, your defense team may challenge the plaintiff’s claim for damages, offering an alternative perspective for the jury to consider.
After both sides have presented their cases, each will give a closing statement. This is a narrative summary of all the testimony the jury has heard. This is when the attorneys will make their final appeal to the jury, urging them to rule in their favor.
Once the closing statements are complete, the judge will read the jury a set of instructions, and deliberations will begin. The jury will move from the courtroom to the deliberation room where they will discuss the case and reach a decision.
When the jury decision is final, everyone will return to the courtroom to hear the verdict. Once the verdict is read, the judge will dismiss the jury, and the trial is concluded. If the verdict is in your favor, the case will typically end at this point. Occasionally the plaintiff will appeal to a higher court and ask for a new trial. If the jury rules against you, there may be post-verdict motions or an appeal process. Depending on the circumstances, your defense team may file a motion for a new trial or appeal the verdict to a higher court. This process can take additional time, and your legal team will guide you through the necessary steps.
Understanding the trial process can help reduce the anxiety and uncertainty that often accompany litigation. Knowing what to expect at each stage of the trial will help you focus on the essential steps you need to take, both in preparing your defense and managing your peace of mind. By equipping yourself with knowledge, you will be better prepared to work closely with your defense team and approach the trial process with greater confidence.
In our next blog, Senior Claims Consultant Rich Peterson will provide insight into the appeals process.
For more insights into the litigation process, we suggest listening to Dr. Gita Pensa’s podcast: Doctors and Litigation: The “L” Word, trial-and-settlement. For additional information on this subject, watch video eleven: Inside the Courtroom on curi.com/litigation-education.
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