During a surgical malpractice trial, juries make their decisions based on the evidence and testimony presented in the trial. The evidence will often include documents that contain details about the procedure.
The testimony will likely include the opinions of other doctors who were either present for the surgery or who can attest to the surgeons medical record. A lawyer arguing for the plaintiff will likely attempt to demonstrate how the evidence and testimony shows that the surgeon was negligent, while lawyers for the defense will probably show that the surgeon followed procedure.
If you or anyone you know is considering filing a medical malpractice claim, contact the Washington surgical malpractice lawyers of Fuller & Fuller at 800-570-4878.