Trial
We know this can be a stressful process, but your counsel and CRICO claims representative will be with you each step of the way.
“The litigation process is not quick and is subject to the court’s calendar.”
Calista Maharaj, General Claims Representative, explains what you should expect during a trial.
About Trials
Few claims naming CRICO-insured defendants actually go to trial. Approximately 20–30 cases involving CRICO insured defendants go to trial each year. When they do, historically our defendant clinicians win more than 90% of the time.
Medical malpractice claims are governed under the civil law. The burden is on the plaintiff to prove by a preponderance of the evidence that the defendant deviated from the standard of care and that the deviation caused injury and harm.
In state civil cases, the jury does not need to be in unanimous agreement to reach a verdict. Instead, a verdict can be reached so long as 5/6th of the jurors agree as to whether medical negligence occurred, and if so, whether the negligence caused the alleged injuries.
The litigation process is not quick and is subject to the court’s calendar, which impacts how quickly it can be reached for trial. In Massachusetts, most cases take at least three years to reach trial from the filing of the complaint. Trials can run from a few days to several weeks and you will be expected to attend each day. A CRICO claims representative will be in attendance as well.
Being well-prepared is critical to the clear presentation of facts and ultimately a persuasive defense case. Defense counsel will spend significant time preparing you to cogently respond to questions posed at trial by attorneys for both sides. Drawing on facts learned through the discovery process and your deposition, your attorney will thoroughly prepare you to testify before a judge and jury.
Where circumstances warrant, CRICO may retain an attorney-specialist to work with you and your attorney in developing your testimonial skill, so that you may feel more confident and relaxed while testifying.
At trial, after a jury is selected, counsel for both sides will make their opening statements. The plaintiff then presents his or her case first, followed by the defendant. Once both sides have presented their evidence to the jury, counsel will make their closing arguments. The jury is then brought to the jury room for deliberations.
We know this can be a stressful process, but your counsel and CRICO claims representative will be with you each step of the way.
Standing Up for Doctors in Court
Ellen Epstein Cohen ('83) defends medical professionals accused of malpractice and recently won a high-profile case that challenged a Connecticut teenager’s treatment.
In Defense of the Jury System
Patients and clinicians alike need to be able to rely on a consistent, objective, and fair review of the case.
