Medical malpractice and personal injury lawsuits go through several phases before the case is submitted to a jury at trial. Two of the most important pre-trial phases are the discovery phase and the summary judgment stage. The discovery phase is where the parties exchange relevant information to the case that the opposing party may not have or know to exist. Certain discovery, even of unfavorable information, is mandatory.
The summary judgment stage is where either party can ask the court to enter judgment on a case before the case is submitted to a jury. In order for a judge to determine whether summary judgment is appropriate, she looks at all the evidence and determines if either party is legally entitled to judgment in their favor. This is only the case when there are no “issues of material fact,” meaning that there are no legal issues that can be resolved in favor of the non-moving party that could result in that party’s victory.
Defendant’s Summary Judgment in Medical Malpractice Case Reversed on Appeal
In a recent case in front of the Indiana Supreme Court, the court corrected a lower court’s error in granting summary judgment to a defendant when it was not legally appropriate. In the case, Siner v. Kindred Hospital Limited Partnership, the plaintiffs were the surviving family members of a women who died a short time after being treated at the defendant hospital. The plaintiffs filed a medical malpractice lawsuit, claiming that the poor treatment at the defendant’s hospital resulted in the death of their loved one.