The litigation process in West Palm Beach medical malpractice cases begins with the filing of the lawsuit. Once the lawsuit is filed, it is served on the defendant who then files an answer. Beyond that, the parties conduct discovery where they get to send out requests for information, take depositions, and find out the information that people have with regard to the issues in the lawsuit.

Finally, there will be a mediation where the parties have an opportunity to discuss settlement. If they are unable to settle the case, it will go to trial.

At that point, it is crucial that an individual gain the assistance of a West Palm Beach medical malpractice lawyer. A knowledgeable attorney can help an individual legally navigate their West Palm Beach medical malpractice trial.

Opening Statements

Both sides give opening statements in West Palm Beach medical malpractice trials. The plaintiff goes first and presents what they believe the evidence will show. Then, the defendant has an opportunity to give their opening statement and give their opinion of what the evidence will show.

The plaintiff presents their case first because the plaintiff has the burden of proof, that is, that the plaintiff has to prove that the defendant was negligent and that that negligence was a legal cause of injury. The law says since they have the burden of proof, they get to go first and they get to go last in the closing.

Multiple Defendants

If there are multiple defendants in a West Palm Beach medical malpractice trial, the litigation proceeds in the same manner, that is, with the filing of the complaint, the service of the complaint on a variety of defendants, and discovery happening in the mediation process. If they are not able to settle the case, they go to trial.

The more defendants there are, the more expensive the litigation is and the longer it takes.

Multiple defendants can influence the outcome of the medical malpractice trial in West Palm Beach because that means that there are more lawyers and more experts on the other side trying to defeat the plaintiff’s case. Therefore, it makes it more difficult the more defendants present.

When there are multiple defendants, it is not difficult to talk about an individual’s treatment on the stand due to health privacy laws during the trial. The law recognizes that people have the opportunity to talk about the facts that are necessary and if there is something that is particularly private then the court has ways to deal with that.

Role of a Lawyer

A lawyer will prepare for any potential issues in advance of a West Palm Beach medical malpractice trial, and will know if the issue is going to come up. They will address it with the court in advance of the trial so that they are not having to deal with it when they are in the midst of questioning a witness.

The medical malpractice lawyer would be organized in their presentation and prepared to lay out a roadmap for the jury to understand how it is that more than one person could be at fault for causing injury.

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Domnick Cunningham & Whalen

Domnick Cunningham & Whalen

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2401 PGA BOULEVARD SUITE 140
PALM BEACH GARDENS
FL 33410
Phone: (561) 625-6260