123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

What Must I Prove In A Medical Negligence Case?

Profile Picture
By Author: Joyce Stamp Lilly
Total Articles: 2
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

In the world of Civil Trials, being right, or the fact that something isn't fair, is not the only question. Many people think that filing a

lawsuit will bring good results for them because a lawyer is on their side. Many people think that because a bad thing happened to them,

if they file a lawsuit, they will be made whole, or receive compensation, or see justice. Not always. You and your lawyer must prove by a

preponderance of the evidence (51%) four things in a case involving medical, nursing home, or nursing negligence:

1. That a duty existed between the person or persons you are suing and you
2. That the duty was breached, or broken by negligent care or treatment
3. That you suffered damages
4. That the breach of the duty caused the damages suffered by you

Your lawyer will have to find experts who will be willing to testify that in their opinion, there was negligence, and that the negligence

caused your harm. If you cannot prove any of the four "ingredients", you cannot win legally. The defense attorneys who represent the

person or persons you are suing ...
... try to destroy or minimize any one or all of the ingredients of your case:

1. They may say the doctor wasn't your doctor, he was just passing by and answered a quick question; they may say the hospital is

not responsible to you because the doctor was not their employee, but a sub-contractor;

2. They may say there was no negligence, you are just misinterpreting the medical record; they may say it was just a different

judgment call, they may say that nurses are not obligated to do certain things that you feel they should have done for you;

3. They may say your damages are not as bad as you say they are, they will get experts, other doctors, nurses or vocational

rehabilitation persons or psychiatrists who will say that you are exaggerating, or that you really could improve and/or return to work, but

don't want to;

4. They may say that even if there was negligence, it was not what caused your injuries.

5. It's hard to imagine all of the reasons and excuses that can be offered in every case - but they always have reasons and excuses

why people get hurt, why bad things happen. It's important to understand that medical negligence cases are difficult and the insurance

companies have done a very good job of convincing the public who sit on juries that damage awards are too high, that people are "sue

happy", or that people who sue are trying to "get something for nothing".

It's also important to understand that a bad result does not necessarily mean negligence was the cause. That being said, every day patients

are hurt because of bad decisions. Some bad decisions are due to bad medical or nursing decisions, some are due to bad corporate

decisions that lead to low staffing in hospitals, or hiring inexperienced staff. So, while it's important to know that proving medical or

nurse negligence can be difficult and involve lots of time and testimony, it's also important to know that there are lawyers who can help

you proceed against a healthcare provider who may have caused injuries to you or a loved one.

http://www.nurse-lawyer.com/

Total Views: 189Word Count: 532See All articles From Author

Add Comment

Legal Articles

1. Can You Face Jail Time For Breaching An Avo In Nsw?
Author: Justice Family Lawyers

2. Fast Mofa Attestation In Dubai, Uae: Simplifying Your Document Verification
Author: Prime Global

3. How To Check Absconding Status In The Uae: A Complete Guide
Author: The Law Reporters

4. Australian Certificate Attestation In Abu Dhabi, Uae: A Complete Guide
Author: Prime Global

5. What To Look For In An Ri Dui Lawyer: Key Questions Before Hiring
Author: Law Office of John R. Grasso

6. How A South Jersey Construction Lawyer Can Save You Thousands
Author: Robert J. Incollingo

7. Comprehensive Certificate Attestation Services In The Abu Dhabi, Uae
Author: Prime Global

8. Understanding The Us Green Card Process: A Beginner’s Guide
Author: Berd & Klauss, PLLC

9. Wichita Personal Injury Lawyers Helping Kansans Rebuild Lives After Serious Accidents
Author: John Smith

10. Eden Rafferty Wins Big In Worcester Personal Injury Cases
Author: John Smith

11. Comprehensive Apostille Services In Abu Dhabi, Uae For All Your Documents
Author: Prime Global

12. Accident Claims Procedure In India: A Step-by-step Guide
Author: RK Associates

13. Holiday Drunk Driving Puts Motorcyclists At Serious Risk
Author: Peter Coles

14. Mastering Certificate Attestation And Dependent Visas In The Uae
Author: Prime Global

15. ثبت تغییرات در شرکت سهامی خاص| مراحل، هزینه‌ها و نکات مهم
Author: حسن تیربخش

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: