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Do You Have To Appear in Court for Medical Malpractice Cases?

Posted on October 5th, 2019 by Oddo & Babat, P.C.

Medical Malpractice Lawyer

If a failure of your physician resulted in you being injured, you may have a case to file a medical malpractice lawsuit. However, many people are intimidated by the idea of appearing in court. If you file a medical malpractice lawsuit, will you have to appear in court? The answer is usually yes, but not always. This guide will explain what you have to know.

Appearing in Court

If you file a lawsuit against someone, chances are very high that you will have to appear in court. Even though your attorney will do most of the hard work, the plaintiff still needs to be present. If the plaintiff does not show up to the trial, the whole case may be dismissed. However, if this happens, the plaintiff usually has the option to file again.

There are only three situations where you may not have to appear in court:

  • The defense agrees to pay immediately
  • The two sides decide upon a settlement agreement
  • Appearing in court is an exceptional challenge

When you file a lawsuit, it may not go to trial at all. There is a chance that the defense will simply agree to your claims and pay you the amount you claim. Depending on the complexity and severity of your case, the chance of this happening varies greatly.

The most likely outcome of your case is a settlement. The majority of lawsuits end this way. If a settlement is reached prior to trial, then you will not have to appear at all. However, even if a settlement is reached, there is a chance that it will happen after the case goes to trial. If this happens, you still will have to appear in court.

Finally, there are some situations where it is too difficult for the plaintiff to appear in court, likely due to injury or mobility or accessibility issues. If this happens, an attorney can submit a request to the judge that the plaintiff does not appear in court. This request must be approved in advance. Speak to your medical malpractice lawyer in Salt Lake City, UT if you think this might be the best course of action. This type of request is usually not accepted unless there is a very good reason.

If you do have to appear in court, you have very little to worry about. Your attorney will be doing all the arguing and debating on your behalf. You may need to provide testimony, but you will know if this is necessary and what it will entail in advance. Speak to your attorney to learn more.



Thanks to Rasmussen & Miner for their insight into medical malpractice and appearing in court for your case.


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