Medical malpractice occurs when a healthcare provide fails to meet the standard of care and that failure results in harm, injury, or death. It can have devastating physical, emotional, and financial consequences. Pursuing a medical malpractice lawsuit in Wichita, Kansas, can be an arduous process that can leave you reeling. Once you finally make it to the end of the case, you may wonder how the jury will determine if medical malpractice occurred. According to James R. Howell, one of the Wichita, Kansas, medical malpractice lawyers at Prochaska, Howell & Prochaska Law Firm, the jury will interpret the facts presented to them through the lens of the law.
Typically, juries interpret the facts provided by three sources:
- Medical records, which can serve as a roadmap to the injuries suffered during the supposed malpractice
- Testimony from people involved, including the patient, medical workers, friends, family, etc.
- Expert testimony provided by subject matter experts retained by the defense and prosecution. They weren’t involved with the incident in question but they use their knowledge to interpret evidence and provide their expert opinion.
After these three sources are presented to the jury, they receive written statement from the patient clearly defining the medical malpractice they believe occurred. Then they will receive a statement from the healthcare worker or facility that explains why they didn’t do anything wrong, or that they may have done something wrong but it wasn’t the cause of the patient’s injury, or that the patient isn’t as injured as they claim to be. The jury will also receive their most important instructions from the judge. These will provide the jury with the medical malpractice laws and explain how they can use these to determine if malpractice occurred using the evidence provided.
Contact Our Wichita Medical Malpractice Lawyers Today
Don’t try to try to handle a medical malpractice case on your own. Call today to set up a free consultation with the expert medical malpractice lawyers at PHP Law Firm. They can talk with you about what occurred and help you decide if you can pursue a lawsuit.
If PHP takes your case, we work on contingency. That means you won’t be charged a fee unless we win compensation for you. Our dedicated attorneys and staff make it their top priority to help medical malpractice victims return their live to as normal as possible.