Will the defense experts be a surprise until your medical malpractice trial? This question was recently asked to me by an individual who had questions regarding the Maryland medical malpractice process. The above question actually goes to a deeper issue, which is, will the “smoking gun” witness burst through the courtroom door during trial like what is portrayed on television or in the movies?
Please remember that the information that I am discussion in this Maryland medical malpractice video is general in nature. Direct all specific questions about your situation to your attorney.
WHY DO BOTH SIDES USE MEDICAL EXPERTS?
When we are analyzing the question of will the defense experts be a surprise until my medical malpractice trial, it is not a bad idea to explain the foundation. Why are medical experts even needed? This is an important concept to understand if you want to be successful with a Maryland medical malpractice case.
Maryland law requires the use of medical experts to explain the standard of care. Not only will these medical experts explain standard of care, these experts will give an opinion as to whether your treating doctor fell below the standard of care, causing your injuries. This medical opinion deals with multiple important medical malpractice issues.
The easiest way to understand standard of care is what will a reasonable and prudent doctor do under the same set of facts as your doctor? The standard of care issues, along with causation, are usually two hotly contested issues at trial.
WILL THE DEFENSE EXPERTS BE A SURPRISE UNTIL YOUR MEDICAL MALPRACTICE TRIAL?
Back to the question of will the defense experts be a surprise until your medical malpractice trial. The short answer to the question is no, the defense experts will not be a surprise. As a matter of fact, the defense will initially file a certificate of a meritorious defense at the start of the case. This filing will generally state how the defense sees the issues in the case. Usually this document will outline how the treating doctor stayed within the standard of care and is not responsible for the injury.
In addition to the certificate of the defense, a preliminary expert designation will be filed not only identifying the experts in the case, but a general summary of their testimony will be included.
Another tool which can be used to understand not only the experts to be used at trial, but to better predict the direction of the testimony is a deposition. Depositions are question and answer sessions under oath. The testimony in Maryland depositions can also be used later on in the trial.
DO YOU HAVE MORE QUESTIONS ABOUT YOUR MARYLAND MEDICAL INJURY?
If you have suffered an injury while in the care of a doctor or a hospital this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland medical malpractice questions like yours all the time and I would be glad to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815