Malpractice Litigation

Even though these issues are complex and are debated by experts, ultimately a malpractice claim may have a lay judge or jury that decides the facts.  A judge or jury with no expert training at all may weigh the evidence and the credibility  and reliability of the experts and decide whom to believe on professional standards and whether the defendant violated them.  This is, understandably, an unpredictable process, which is why many cases have pressure to settle before trial.  Judges, however, may dismiss malpractice claims before trial on summary judgment if in their opinion, the plaintiff has not offered sufficient evidence. Judges are experts in law, but they can’t be experts in every field. The outcome is unpredictable.