Davis & Davis, Attorneys at Law
Call for a free consultation
Local 713-364-0314713-364-0314 Toll Free 877-202-0835 877-202-0835

Cross-examination may be key to a medical malpractice lawsuit

Individuals in Texas who have been harmed by a medical professional's negligence may hope to recover compensation for their damages via a medical malpractice claim. Victims of hospital negligence can succeed on these claims if they are able to successfully prove that their medical professional who treated them owed them a duty of care, that duty was breached by some form of negligence and the breach of the duty of care directly caused the victim's injuries. It sound pretty straightforward, but when these matters proceed to a contentious trial, things may not be so clear.

For example, the defense in one of these cases may call witnesses that contradict evidence and claims utilized by the plaintiff. In these instances, effective cross-examination may be crucial to protecting one's case. During cross-examination, where the side that didn't call a witness questions that witness, a plaintiff can try to impeach the witness, whereby the witness's credibility is drawn into question. This may be achieved by exposing potential biases or prejudices.

Whereas direct examination of a witness is all about the evidence the witness can provide, cross-examination is more about damage control. A plaintiff is unlikely to win a case with strong cross-examination by the defense and weak direct examination by the plaintiff, but he or she can certainly lose a case by having weak cross-examination by the plaintiff.

With that in mind, those who are considering pursuing a medical malpractice case, whether on the basis of surgical errors, birth injuries or failures to diagnose medical conditions, may want to consider whether they need legal assistance. A skilled litigator can help victims prepare their case for trial and give them the advocacy they need to not only put forth the best case possible under the circumstances, but also expose weakness's in potential defenses. This may allow them to recover compensation for the damages caused by their serious injuries.

Source: American Bar Association, "Cross-Examination," accessed on Feb. 13, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact Davis & Davis for a Complimentary Consultation Davis & Davis proudly accepts referrals from Texas attorneys and law firms nationwide.

D&Ds Mobile Office

D&D's Mobile Office D&Ds Mobile Office

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Houston Office
440 Louisiana St.
Suite 1850
Houston, TX 77002

Phone: 713-364-0314
Phone: 713-364-0314
Houston Law Office Map

Corpus Christi Office
802 N. Carancahua
Suite #1400
Corpus Christi, TX 78403

Phone: 713-364-0314
Phone: 361-884-7475
Map & Directions

Dallas Office
3001 Knox Street
Suite 405
Dallas, TX 75205

Phone: 713-364-0314
Phone: 214-326-0582
Map & Directions

San Antonio Office
126 Villitas St.
San Antonio, TX 78205

Phone: 713-364-0314
Phone: 210-224-0600
Map & Directions

McAllen Office
1111 W. Nolana
McAllen, TX 78504

Phone: 713-364-0314
Phone: 713-364-0314
Map & Directions