LEGAL GUIDE
Written by attorney Marcus Bazzell Boston | Dec 29, 2016

The Story In Your Attorney’s Opening Statement Is Gripping But Is This Evidence Of Med Mal?

The story in your attorney’s opening statement is really good but the question remains, will the opening statement by your attorney be used as proof of medical malpractice in Maryland?

230,815 women were diagnosed with breast cancer, according to the Centers for Disease Control and Prevention, for the most current year’s statistics.

On December 18th, 2015, the defendant doctor’s office set up an appointment with a patient who had concerns regarding a lump in her breast. The appointment was for January 2nd 2016, and on that day, the defendant nurse took down all of the patient’s insurance information. The defendant nurse also took down information regarding the patient’s complaints. After noting the complaints and taking vitals, the defendant nurse informed the defendant doctor that the patient was ready to be seen.

The defendant doctor saw the patient 30 minutes after the defendant nurse. The defendant doctor then went over the noted complaints with the patient. Upon completion of the conversation regarding the patient’s complaints, the defendant doctor moved to perform a breast examination on the patient. The defendant doctor concluded after the breast examination that although there seemed to be a lump, the wait and see approach would be best for his patient…

THE STORY IN YOUR ATTORNEY’S OPENING…IS THIS PROOF OF MEDICAL MALPRACTICE IN MARYLAND?

Under Maryland law, an attorney’s opening statement is not evidence of, or proof of medical malpractice. The opening statement is a powerful way for an attorney to connect with the jury and give a crucial roadmap as to what happened, but the statement is no evidence.

For something to be considered by a jury as evidence, it has to be properly admitted into evidence in compliance with the Maryland Rules of Evidence and other procedures. The judge in the trial will decide these legal issues.

HAVE MORE QUESTIONS ABOUT YOUR MEDICAL INJURY IN MARYLAND?

To speak with me further regarding a Maryland medical malpractice or birth injury case, give me a call at 301-850-4832. I answer questions like yours all the time. Add to this I would be happy to listen to your story.

Marcus B. Boston, Esq.

Boston Law Group, LLC 2 Wisconsin Circle Suite 700 Chevy Chase, Maryland 20815

bostonlawllc.com

About Marcus

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