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Why objections are important, even if they are overruled

| Apr 11, 2018 | Failure to Diagnose

Texans who have been hurt by the actions or inactions of a negligent medical professional have the right to pursue a medical malpractice lawsuit. When successful, these claims can result in the recovery of compensation for a victim’s damages, which may include extensive medical expenses and lost wages. These cases are often hotly contested, which means that victims need to be prepared to bring a strong case.

Knowing the intricacies of the legal process can be very important to one’s claim. Not only does it allow him or her to present the strongest legal arguments possible, but it also allows a victim to preserve the legal record. What does that mean? Everyone has the right to appeal a final adverse ruling issued by a court. However, when an appeal is filed, the court of appeals can only address issues that were preserved in the record. Those issues that were not preserved are considered waived.

So how does one preserve the record? The most common way is to raise proper objections. A party can object to a variety of issues on a number of legal grounds, including hearsay, relevance and improper authentication of records. Once an objection is made, the trial judge will have to either sustain or overrule the objection. A sustained objection can protect the claim as it is presented to the trial judge. But even an overruled objection has a purpose, as it allows the issue to be considered by the court of appeals.

This may all sound very technical in nature, which it is. These technicalities, though, can make all the difference in one’s case. So, those who are thinking about taking legal action may want to make sure that their legal representation has a command of the law and all of its rules. Although it may appear that all lawyers possess that attribute, the fact of the matter is that not all attorneys and law firms are created equal. Therefore, victims of medical malpractice need to exercise care when picking an attorney to represent their interests in court.

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