Medical malpractice lawsuits begin with the filing of a complaint with the court in the appropriate jurisdiction. Once the process begins, both sides undertake discovery in an effort to uncover as much relevant information and evidence as possible prior to trial. This information must be shared between the two parties, as to avoid any surprises by the time the case reaches trial. Plaintiffs and defendants are able to negotiate before the trial in an effort to reach a settlement. If no agreement is reached, the parties will be forced to argue their case at trial. Medical malpractice attorneys strongly believe that plaintiffs need to fight for just compensation due to negligence, whether it is through a settlement or trial.
Acquiring Information and Proving the Case
During discovery, each party will conduct interrogatories, depositions, and file many requests for documents, in an effort to get to the bottom of the controversy. The plaintiff is required to prove each and every element of negligence (by a preponderance of evidence in civil court) in order to prevail in his or her medical malpractice claim. The first element is that the defendant (the physician, nurse, or hospital) owed a duty to the patient, such as caring for them or providing treatment.
Medical malpractice attorneys say that the second element of negligence is that the defendant breached his duty of care. When a defendant fails to live up to his duty as a professional caretaker, this duty is breached. Third, a plaintiff must show that the actions of the defendant, through the breach of his duty, directly caused the injury that has been sustained.
Finally, lawyers need to prove the plaintiff’s damages. Even if a doctor, nurse, healthcare provider, or hospital has been negligent (and fulfilled the first three elements), there is no claim without losses. Once the medical malpractice attorneys present and prove the plaintiff’s case, the injured party will be awarded damages from the fact-finder as compensation.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you have recently undergone surgery and have been the victim of medical malpractice or negligence, it is likely that you may wish to speak with medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.