During the trial for a medical malpractice case, the jurors must listen to statements about a complex subject. Moreover, most jurors have great respect for doctors, because each of them has pursued a field that demands an understanding of complex subjects.
Hurdles that plaintiff must overcome, in order to win case
Proving that the doctor’s action, or lack of action could qualify as an act of negligence.
—The jury should hear from experts, who can explain how they would have handled the situation
—Still, there might be more than one acceptable treatment for any given injury.
—Moreover, medical advances take place at a rapid rate. An expert might not have acquired a familiarity with all of the latest advances.
Proving that a physician had made an unwise or incorrect choice.
—Any effort at establishing proof of that allegation would run up against an existing challenge.
—That challenge would relate to the jurors’ opinion of doctors. A typical juror trusts his or her doctor. So that same physician would not be viewed as someone that could do something wrong.
An added problem for any plaintiff with a medical malpractice case
It can be hard to find a qualified personal injury attorney in Lincoln. It would be the attorney’s job to sift through all of the questions that were posed by those on the defendant’s legal team. In addition, the same attorney must sift through the complex answers to those particular questions. A lawyer’s simplification of those answers could help to ensure a win.
If a jury were to hear 2 different views, regarding a certain medical procedure, or a specific test or treatment, it would tend to favor the view that was easiest to understand. In other words, when those on a jury must listen to statements about a complex subject, each of them places the greatest weight on the statement that is easiest to understand.
Plaintiffs that already have some understanding of their illness or condition can do a better job of finding the right lawyer. For instance, a lawyer’s comments might suggest an effort to feign an understanding of the potential client’s medical problem. That would not be the ideal person to have as a source of legal guidance.
A doctor’s negligence should not remain hidden from view, due to the actions that have demonstrated an attorney’s negligence. Yet that could happen, if a plaintiff did not make wise choice, when selecting the member of the legal community that would be called on to speak for him or her. Both plaintiffs and lawyers should strive to see the situation from the viewpoint of someone that has been tasked with the juror’s job. That is the way to win a case.