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Why objections are important to medical malpractice cases

On Behalf of | Aug 9, 2018 | Medical Malpractice

Many medical malpractice cases wind up settling through negotiations and mediations. A fair number, though, go all the way to litigation. When this happens, medical malpractice victims need to be prepared to present compelling legal arguments that are persuasive to the judge and jury. This may sound simple enough, as it may appear that the facts are easy to discern, but the truth of the matter is that the legal logistics of litigation can completely reshape how facts are presented and interpreted.

This is why it is important to know how to make and respond to objections. A properly made objection, regardless of whether a judge rules in your favor, can preserve the issue for appeal. This means that if the final outcome is against you, if you have properly objected to certain issues, then the court of appeals can review those issues. Also, strongly made objections, as well as strong responses, can convince a judge to rule in your favor, thereby increasing your chances of success at the trial level.

In order to appropriately make and respond to objections, you have to have a firm grasp of the rules of evidence. Hearsay is a common issue that comes up during litigation, but so, too, do issues regarding proper authentication of documents, witness qualifications and instances where the other side asks questions that assume facts that are not yet in evidence. The types of objections are numerous, and failing to know just one of them can cause evidence to slip in and ruin your case.

For this reason, those individuals who are considering litigation need to ensure that they have a full understanding of the law before moving forward. By acquiring the assistance of skilled and experienced medical malpractice attorneys, these individuals can ensure that their interests are strongly advocated for in the courtroom, which includes the proper handling of objections.