Expert Witnesses

FAQ: How Does a Jury Determine if Medical Malpractice Occurred?


If you are currently pursuing a medical malpractice case due to a bad medical outcome, you may be wondering how a jury would determine if medical malpractice occurred? According to medical malpractice attorney James R. Howell of PHP Law Firm in Wichita, Kansas, the jury’s decision will revolve around what they learn as facts and how the law plays into it.

The jury determines what they feel are the facts from three different sources:

  1. Medical records, which will basically tell the jury what happened.
  2. Actual testimony from people who were there, which could be the patient, friends, and family of the patient, the healthcare worker(s) and others.
  3. Expert testimony, which is given by experts within an applicable field. They were not involved with the incident or incidents in question, but they are hired to look at everything and weigh in with their expert opinion.

The law comes into play when:

  1. The jury receives written statements/instructions from both the patient and the healthcare worker or facility.
  2. The jury receives written statements/instructions from the judge, which are meant to guide their decision-making process as it relates to the law. Of course, the statements/instructions will no doubt outline the definition of medical malpractice, which is when a health care provider fails to deliver the “standard of care” and it results in harm, injury or even death.
  3. After all the evidence and instructions are presented to the jury, they will then deliberate and render a verdict on whether or not they think medical malpractice has occurred.

How Our Wichita Medical Malpractice Attorneys Can Help

If you are currently considering pursuing a medical malpractice case due to a bad medical outcome, the PHP Law Firm in Wichita can help. We offer free consultations and will talk through your situation with you before making a recommendation.

For medical malpractice clients of the PHP Law Firm, we work on contingency, which means that you will not be charged anything unless we win compensation for you. Our main goal has always been and continues to be making it possible for the victims of medical malpractice to move forward again.

Contact us directly at (316) 683-9080 to schedule a free consultation. Remember, no fees unless you are compensated!


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Our highly qualified and compassionate team is available to listen and evaluate your case. We do not charge any fees unless we win. Call us at (800) 266-0036 to get started!

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