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Wednesday, November 27, 2019
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"Med Mal 101: Back to Basics"
is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content will be delivered monthly via email and is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.
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Part 11 of 12:
Trial Procedure
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Once a
jury has been selected
, the jury trial begins with counsel for each party making an opening statement. In an opening statement, the party explains to the jury the evidence that is expected to be introduced during the trial.
[1]
An opening statement is limited to the facts of the case and cannot be argumentative.
[2]
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Next, each side produces evidence to support his or her case. The plaintiff bears the burden of proving that he or she is entitled to damages and therefore goes first. Evidence can be presented in many forms such as witness testimony, physical items, documents like medical records, and video recordings.
[3]
In presenting the evidence, the party must always abide by the Rules of Evidence, which govern what evidence can be heard and how it can be used at trial.
[4]
When witness testimony is presented during the trial, the party calling the witness performs a “direct examination” where the party asks the witness questions relating to the case.
[5]
The opposing party then has the ability to question the witness, which is called “cross-examination.”
[6]
Finally, the party who originally called the witness is able to wrap up the questioning on “redirect examination.”
[7]
After the close of the plaintiff’s evidence, it is the defendant’s turn to put on his or her case. Like the plaintiff, the defendant may call witnesses and introduce evidence.
After both sides have provided their evidence, they are allowed to give a closing argument. Again, since the plaintiff brings the case, the plaintiff goes first. The defendant follows. In closing arguments, each party discusses the evidence that has been presented and explains to the jury or judge how the evidence supports the party’s position.
[8]
After closing arguments, jury instructions are read to the jury, which explain to the jurors the requisite burden of proof in the case and the relevant law they must follow in rendering a verdict.
[9]
The jury then retires to the jury room to deliberate.
Once the jury has reached a decision, the jurors return to the courtroom to announce their verdict. In a medical malpractice case, the verdict is read as either being for the plaintiff or for the defendant.
[10]
If the verdict is for the defendant, the trial is over. If the jury finds for the plaintiff, the jury will also determine the appropriate amount of damages.
[11]
The jury is then excused. After the trial, a formal judgment is entered.
Even though a verdict is rendered, the case is not necessarily over. The unsuccessful party has the opportunity to appeal, which will be covered next month in Part 12.
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Medical Malpractice
Attorneys
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The information was written by the attorneys in the
Medical Malpractice Group
at Friday, Eldredge & Clark, LLP. This information is not a substitute for legal advice and should be considered for general guidance only. For more information, please contact one of our
Medical Malpractice Attorneys.
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In a recent study published in The American Journal of Surgery, the majority of general surgery residents surveyed felt that they were not aware of resources available to them in case of litigation. [1]
This is an unfortunate statistic since according to the American Medical Association, one in three physicians have been sued at some point in their career, and nearly half of physicians age 55 and older reported having been sued. [2]
With this series, we will provide medical personnel practicing in Arkansas with a general overview of the legal process. We hope to dispel some common myths and to aid in a better understanding of what actually happens when a medical care provider is sued for malpractice.
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These articles are intended to provide general educational information only and cannot take the place of experienced legal advice.
For a complete schedule of future articles,
click here.
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[
1]
Beiqun Zhao, Luis C. Cajas-Monson, & Sonia Ramamoorthy, Malpractice Allegations: A reality check for resident physicians, 217 American Journal of Surgery 350-355 (2019).
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Proposed Stark & Anti-Kickback Reforms Focused on Value-Based Care
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On October 9, 2019, The Centers for Medicare and Medicaid Services (CMS) and the Department of Health and Human Services (HHS) Office of Inspector General (OIG) issued two highly anticipated proposed rules to reform the Physician Self-Referral Law (the “Stark Law”) and the Federal Anti-Kickback Statute (AKS) regulations.
The proposed rules come after HHS announced its “Regulatory Sprint to Coordinated Care” initiative, signaling the Administration’s priority to modernize and clarify the fraud and abuse laws. The proposed reforms are intended to better facilitate innovative arrangements for coordinated care consistent with a shift to a value-based healthcare system. HHS expects the proposals to ease the compliance burden for healthcare providers, while maintaining strong safeguards to protect patients and programs from fraud and abuse
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Medical Malpractice Group
Friday, Eldredge & Clark, LLP serves business, non-profit, governmental and individual clients in Arkansas and across the United States. It is one of the oldest law firms in the state and has been the largest Arkansas-based law firm for more than 50 years. The firm has practice areas focusing on General Litigation; Class Action and Business Litigation; Railroad; Labor and Employment; Medical Malpractice; Public Finance; Healthcare; Estate Planning and Probate; Employee Benefits; Real Estate and Commercial Transactions; and Merger and Acquisitions. Friday, Eldredge & Clark has offices in Little Rock, Fayetteville and Rogers, Arkansas.
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About the Firm
Friday, Eldredge & Clark, LLP serves business, non-profit, governmental and individual clients in Arkansas and across the United States. It is one of the oldest law firms in the state and has been the largest Arkansas-based law firm for more than 50 years. The firm has practice areas focusing on General Litigation; Class Action and Business Litigation; Railroad; Labor and Employment; Medical Malpractice; Public Finance; Healthcare; Estate Planning and Probate; Employee Benefits; Real Estate and Commercial Transactions; and Merger and Acquisitions. Friday, Eldredge & Clark has offices in Little Rock, Fayetteville and Rogers, Arkansas.
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