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What Happens if a Medical Malpractice Claim is Not Settled Out of Court?

You can hold healthcare professional accountable for their negligence under malpractice when they fail to provide a standard level of care and causes injury or harm to a patient. If you have been the victim of medical malpractice, you may be able to file a claim to seek compensation for your damages with the help of a personal injury attorney Boston

Your case may go to trial!

In many cases, medical malpractice claims are settled out of court, meaning that the parties agree on the number of damages to be paid to the patient without going to trial. However, if a medical malpractice claim is not settled out of court, the case will go to trial, and a judge or jury will decide the outcome.

If a medical malpractice claim goes to trial, both sides will present their evidence and arguments to the judge or jury. The plaintiff (the patient) must prove that the healthcare professional (the defendant) owed a duty of care to the patient, that the healthcare professional breached this duty, that the breach caused the patient’s injuries, and that the patient suffered damages as a result. 

If the case goes to trial, both sides will have the opportunity to present witness testimony, including expert testimony from medical professionals who can explain the standard of care owed by the healthcare professional and whether the healthcare professional’s actions or inaction fell below this standard. The parties may also present documentary evidence, such as medical records and reports, to support their claims.

After both sides have presented their evidence and arguments, the judge or jury will decide the case’s outcome. If the healthcare professional is found liable (responsible) for the patient’s injuries, the judge or jury will determine the number of damages to be awarded to the patient. The damages may include medical expenses, lost wages, pain and suffering, and other losses.

If the healthcare professional is not liable, the patient will not be awarded any damages, and the case will be dismissed. In some cases, the patient may appeal the decision if they believe that the judge or jury made an error in their ruling.

At trial, the parties will present their evidence and arguments. The judge or jury will determine whether the healthcare professional is liable for the patient’s injuries and, if so, the number of damages to be awarded to the patient. If the healthcare professional is not liable, the case will be dismissed, and the patient will not be awarded any damages.

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