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Presenting
Your Evidence at Trial
In
Texas, the plaintiff, or the person bringing a claim of medical
malpractice has the burden of proving every element of the case
by a preponderance of the evidence. This means that the patient
must prove that a fact is more likely true than not. Something
is more likely true than not if it is 50.1 % certain, instead
of 50% true.
Not only
must the patient prove
that medical malpractice
more likely than not occurred
to him, but also that
it is more likely true
than not that the proven
malpractice caused the
injuries and damages claimed
by the patient. If the
evidence presented by
the parties results in
the jurors thinking it
is a tie, the patient
loses.The defendant health
care provider does not
have to prove anything.
He can simply sit back
and deny the allegations
of the patient.
Organizing
the case is critical to
a smooth and efficient
presentation at trial.
There is nothing more
distracting and noticeable
to a jury than an unorganized
attorney. The medical
and legal issues are challenging
even when one is well
prepared and organized.
At trial,
the order of evidence,
witnesses and proof is
usually presented in chronological
fashion so as not to confuse
the jury. If the facts
or issues of a particular
case dictate that an order
other than the chronological
sequence of events is
necessary, that presentation
should be simple and easy
to understand.
The order
of the witnesses is a
critical trial decision.
Should you call the defendant
in your case? Should
the plaintiff be first
or last? Where do the
experts fit into the testimonial
scheme? The answer to
each of those questions
is it depends on the theory
of the case and the strengths
of the witnesses..
At trial,
the most important thing
to do with the expert
witness is to spend the
time and money to prepare
him. Just because he
is an expert in medicine
does not mean he will
fare well at trial. The
attorney must go over
the strengths and weaknesses
of the case. The attorney
must advise him of the
theories and arguments
that the defense will
throw at him. He must
give credible and non
adversarial responses
on cross examination.
At trial, the proper use of the medical record
as an effective exhibit is critical. However, the effective
use of the record is not a last minute function. It is the
culmination of planning that begins with the very first request
for the records, the organization of the record, the correct
interpretation of that record, and finally, the effective
use of the record as an exhibit.
In sum, the presentation of evidence at trial
can easily make or break the case. An experienced medical
malpractice attorney knows how to present these cases so that
the maximum effect will be achieved with the jury. Then, it
is all in their hands.
The Cochran Firm - Dallas, L.L.P.
Turtle Creek Centre, Suite 1400
3811 Turtle Creek Boulevard
Dallas, Texas
75219
phone:
214.651.4260
| fax: 214.651.4261
Edward H. Moore is Board Certified, Personal Injury Trial Law. Unless otherwise noted, not certified by the Texas Board of Legal Specialization.
The statements and information provided on this web site are for the information of the recipient only. This site is not intended to provide legal advice and no attorney-client relationship should be deemed to arise from the receipt this page and its associated pages. |
Copyright © 2003 The Cochran Firm - Dallas, L.L.P.,
All Rights Reserved.
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