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 appellate court 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. Evidence plays a crucial role in these objections, as attorneys must ensure that only relevant and admissible evidence is presented. Trial objections are essential in this process. The other party must also be aware of the evidence to be presented to avoid surprises. Leading questions are another common ground for objections, as they can improperly influence a witness’s testimony. Once an objection is made, the trial judge will have to either sustain or overrule the objection. If the judge agrees with the objection, they will say ‘Objection Sustained.’
A sustained objection can protect the claim as it is presented to the trial judge. But even an objection overruled has a purpose, as it allows the issue to be considered by the appellate court. This may all sound very technical in nature, which it is. These technicalities, though, can make all the difference in one’s case. State courts often base their evidence rules on the Federal Rules of Evidence (FRE). 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.
