Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
When a medical professional or a hospital breach their duty of care, they may be held liable for their actions or inactions. If you or a loved one suffered an injury due to medical malpractice, you may want to obtain the services of a well-established medical malpractice lawyer. A seasoned attorney with experience navigating the Toledo medical malpractice trial process could fight for you.
The first part of the Toledo medical malpractice trial process is the opening statement, which is given by the plaintiff’s lawyer. The reason the plaintiff must give the opening statement is that they have the burden of proof. An injured person must prove by a preponderance of the evidence that the medical professional or hospital was negligent and that their negligence caused the injury.
In a criminal case, the prosecutor has to prove the defendant was guilty beyond a reasonable doubt, which means that the jury has no doubt that the defendant violated the law. In a civil case, which includes medical malpractice, the jury must decide that it is more likely than not that the medical professional or hospital violated the standard of care and caused an injury.
The defendant, or the medical professional or hospital, presents their case after the plaintiff. They could make the decision to put on a large number of expert witnesses to present their arguments or they could decide that they do not want to present any evidence. Usually, the defense attorney gets the opportunity to cross-examine all the witnesses presented by the plaintiff and the plaintiff’s attorney, and then to put on their case and their argument and their own witnesses. When putting on the defense, the defense attorney would use as many or as few witnesses that they believe would best present their case.
Following the defendant’s response, the plaintiff has the opportunity to give a short and final rebuttal. The reason the plaintiff gets to speak twice and the defense only speaks once is because the plaintiff has the burden of proof. Normally, in court, the side that has the burden of proof gets to speak first and last.
The closing statement is a critical part of the Toledo medical malpractice trial process. If at the end of the case and the jury does not know which side to favor, then the plaintiff has the opportunity to make one last convincing argument for how the defendant violated the standard of care. Also, people tend to remember information they just heard better than what they heard earlier.
A lawyer could help you with the Toledo medical malpractice trial process by investigating the facts of the case to best present it for a favorable outcome. An attorney could also work tirelessly to gather the necessary evidence to show to the jury how the defense was negligent. If you or a loved one has suffered an injury due to medical malpractice, contact a seasoned lawyer today.
Charles E. Boyk Law Offices, LLC