Maryland medical malpractice and childbirth injury attorney Marcus Boston explains whether you can tell the jury the doctor has been sued for Maryland medical malpractice in the past.
“The guy who crashed into my car has $150,000.00 in insurance coverage!”
“Can I tell the jury this fact in my Maryland civil trial to help prove my case?”
“I mean it’s not like the money is coming out of his pocket for the damage and injuries he has caused me.”
Or how about this scenario in a Maryland medical malpractice or childbirth injury case.
“This doctor has been sued for Maryland medical malpractice in the past.”
“Can I let the jury know about his past and how he already has been in trouble with medical malpractice on another patient?”
These types of questions a lot of the time stem from confusion surrounding the admissibility of evidence to a jury at trial.
Many times individuals will see reporters on TV court cases talking about information that a jury will more than likely not be able to consider in their deliberations.
Not All Evidence Is Admissible At Trial…
In Maryland, before a jury can consider evidence that evidence has to be properly admitted into evidence.
The Maryland Rules of Evidence and other laws govern what can or cannot be admitted for a jury to consider.
For example, hearsay in general, will not be admitted to a jury (there are some exceptions to this but this educational article will not get that technical).
Another example of evidence which will not be admitted into evidence in general is the fact that a doctor has been sued previously for medical malpractice on another patient.
So even though you may know these things personally, this does not mean that the jury in your civil case will be able to consider these things when deciding your case.
“I Thought The Jury Was Supposed To Know Everything…”
There are many reasons why some information is precluded from the jury to consider.
But one of the key reasons is to make sure that the jury gets “relevant” information for their deliberations.
Let us go back to the issue of your doctor being sued previously in another medical malpractice case.
Maryland law in childbirth injury cases and medical malpractice cases requires that you have an expert(s) testify whether your treating doctor fell below the standard of care causing your, and/or your child’s injury.
If you really look at that example you can see that whether the doctor has been sued in the past for medical malpractice is “irrelevant.”
Because of its irrelevance, you will have a hard time trying to get this fact admitted into evidence for the jury to consider in your case.
“How Can I Learn More About My Possible Medical Malpractice Case?”
To speak to me more about whether you may have a viable Maryland medical malpractice or childbirth injury case this is what I invite you to do; and it costs you nothing to take the next below action.
Pick up the phone and give me a call.
I can be reached at 301-850-4832.
I answer Maryland medical malpractice and childbirth injury questions like yours all the time and I would be happy to listen to your story.
Boston Law Group, LLC
2 Wisconsin Circle
Suite 700
Chevy Chase, Maryland 20815
Maryland Medical Malpractice Trial Attorney
301-850-4832
