The Trial - Part A

Question 1

What are medical review panels applied towards?

Answer 1

only applies to claims against health care providers as defined in the code

Question 2

in an injury case or wrongful death case based on medical malpractice by the defendant, who can request the medical review panel?

Answer 2

either side can request it

Question 3

in how long must the request for the review panel be made?

Answer 3

within 30 days from the defendant’s filing of responsive pleadings

Question 4

what does the panel do

Answer 4

hears evidence and determines whether there was merit to the plaintiff’s claim and then the parties can resolve the case or decide to go to trial

Question 5

is the decision of the panel binding

Answer 5

no, but it is admissible in any following court action

Question 6

is it subject to the medical malpractice cap?

Answer 6

yes

Question 7

certification and the party filing a medical malpractice claim

Answer 7

the party is deemed to have certified to the court that the party has obtained an appropriate expert’s opinion that supports your claim of malpractice

Question 8

where are jury trials held?

Answer 8

only in CC

Question 9

who may request a jury trial

Answer 9

either side

Question 10

how many jurors are you entitled to

Answer 10

7

if the aic is 25K or less, then only entitled to 5 jurors

Question 11

demand for a jury

Answer 11

a party seeking trial by jury must make a written demand or the right is waived

Question 12

when must a party request a jury trial by

Answer 12

must be requested within 10 days from service of the last pleading directed to the issue (ie def answer)

Question 13

what can be specified in the jury demand

Answer 13

which factual issues will be decided by the jury

Question 14

unanimity of verdict

Answer 14

verdict must be unanimous and rendered in open court

Question 15

jury trials and equitable claims (3)
in equitable claims, there is no right to a jury trial, except:

Answer 15

-a suit to establish, impeach, or probate a will
-a suit to quiet title to real estate
-a plea in equity (ie plea in bar)

Question 16

what is a plea in equity?

Answer 16

the def raises, by way of defense, a single factual issue that if found in favor of the def would constitute a complete bar to the plaintiff’s claim

Question 17

jury in a plea in equity

Answer 17

each side will be entitled to a jury as a matter of right, and the judge is bound by the jury’s verdict

Question 18

what is an advisory jury (issue out of chancery as it used to be called)

Answer 18

when a claim involves a complex factual issue, the judge on either side can request an advisory jury to decide only that specific issue

Question 19

is the judge bound to the advisory jury’s verdict

Answer 19

no, but the judge should generally follow the verdict, unless there is good reason not to