What to Expect in a Medical Malpractice Trial in Missouri

Medical malpractice trials in Missouri can be complex and overwhelming, particularly for those unfamiliar with the legal process. Understanding what to expect can help ease anxiety and prepare you for the journey ahead.

Firstly, a medical malpractice trial typically begins after a formal lawsuit has been filed. The plaintiff, or the injured party, must prove that the healthcare provider deviated from the accepted standard of care, resulting in harm. This standard is usually established through expert testimony.

As the trial approaches, both parties engage in a process called discovery, where they exchange information and gather evidence. This phase may include depositions from medical professionals, patient records, and expert opinions. It is crucial for plaintiffs to build a solid case during this stage, as it sets the foundation for the trial.

On the day of the trial, both sides will present their arguments. The plaintiff will typically go first, outlining their case and presenting evidence including medical records, expert testimonies, and possibly even demonstrative evidence. The burden of proof lies on the plaintiff, who must establish that malpractice occurred by a preponderance of the evidence.

Following the plaintiff's presentation, the defense will have the opportunity to present their case. They will argue that the medical professional acted in accordance with the accepted standards of care or that any harm caused to the plaintiff was not due to negligence. Defense witnesses may include medical experts who can support the defendant's actions.

After both sides have presented their cases, the jury will deliberate. In Missouri, a jury trial typically consists of twelve jurors who will discuss the evidence presented and come to a consensus regarding liability and damages. It is important to note that Missouri follows a modified comparative fault rule, meaning that if the plaintiff is found partially at fault, any damages awarded will be reduced by their percentage of fault.

If the jury finds in favor of the plaintiff, they will determine the amount of compensation to be awarded for damages, which may include medical expenses, lost wages, and pain and suffering. If the jury finds in favor of the defendant, the plaintiff may have the option to appeal the decision, depending on the grounds for appeal.

Throughout the trial process, it is essential for plaintiffs to have experienced legal representation. A knowledgeable attorney can help navigate the complicated legal landscape, maximize the chances of a successful outcome, and ensure that all necessary documentation and evidence are properly presented.

In summary, while a medical malpractice trial in Missouri can be a daunting experience, understanding the legal process, from discovery to jury deliberation, can provide a clearer perspective. Having a competent attorney and being prepared for each stage will equip plaintiffs to effectively advocate for their rights and seek the justice they deserve.