A civil trial, including medical malpractice and negligence, are used to settle non-criminal disputes. Generally, patients are seeking compensation for some sort of wrong and they will hire medical malpractice attorneys to bring forth the case. At trial, both parties present evidence in an attempt to demonstrate their case and persuade the trier of fact, a judge or jury, of the strength of their position. In order to find the truth of the matter, the adversarial approach is used in American jurisdictions to settle civil litigation.
Describing the Adversarial Approach
The lawyers and the defense team will present opposing legal arguments and use the facts of the situation to prove their case as they go head to head against one another. The purpose of the adversarial approach is to arrive at a just result. The logic is that the truth is more likely to become evident when each side contests the facts and law, giving the trier of fact the full scope of the dispute. The burden of proof in medical malpractice cases is a preponderance of the evidence. This standard can be described as the debated proposition, “more likely than not.” For example, if medical malpractice attorneys can prove that it is more likely than not that a doctor failed to live up to the standard of care required by the medical profession and this resulted in harm to the plaintiff, the victim has sustained its burden in proving the case.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. 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.
Preston Broussard, on behalf of his late wife, filed the lawsuit against Dubuis Hospital and Dr. Sreedhar Polavarapu. The medical malpractice attorneys stated in the lawsuit that the “defendants’ failure to safely monitor and restrain Dorothy Broussard led to the deprivation of oxygen that caused Mrs. Broussard’s untimely demise.” Obviously the lack of oxygen over a sustained period of time had an adverse effect but no one on the staff recognized the problem in time. The medical lawyers found that the saddest part of this story was how the family discovered the woman. The lawsuit stated,
Pierce’s son, David Blackmon, attempted to file a complaint in Sevier County Circuit Court but defense attorneys claimed that the action had to go through arbitration due to forms that Blackmon signed while his mother was at the nursing home. The appellate court affirmed the lower court’s ruling in favor of the woman’s son. Judge Rex Ogle, the lower court judge, found that the center failed to provide Blackmon with copies of the forms that he signed, a major mistake according to bed sore attorneys. The Judge noted “it troubles the court that anybody who requires someone to sign legal documents affecting the rights of patients would not give those people copies, executed copies. That makes no sense to me.” Lawyers say that the Judge continued by stating “the execution of the agreement, the way it was handled, it was very shoddy. And I think that quite candidly is unconscionable, that it does shock the conscience of this court by how this entire agreement was handled they should not be enforced.”
On May 17, 2007, Lawrence Dixon fell and fractured his pelvis. David Harding was the doctor assigned to Dixon. It was alleged by the plaintiffs in the lawsuit that, after conducting examinations, Dr. Harding failed to notice internal bleeding which ultimately led to the failure of multiple organs and eventually death. It is argued that there were numerous warning signs that an experienced doctor, such as Harding, should have recognized. Medical malpractice attorneys argued that the victim had not produced urine in over twenty four hours, had a rapidly increased heartbeat, a rapidly decreased blood pressure, and suffered loss of lucidity. Professionals believe that any of these signs should have been a strong warning sign to Harding that something was wrong and it was likely that the patient was losing blood.
Clara Duthu passed away at Leonard J. Chabert Medical Center due to sepsis. Her daughter’s conviction came following a three day trial before District Judge David Arceneaux. When Tiffany’s father was unable to take care of his wife due to his own medical issues, there was a two month span where she failed to provide assistance to her mother. Tiffany had acted as a caregiver in the past but steadily began to provide less help. Lawyers say that Tiffany made a statement to authorities in which she claimed to have neglected her mother as a way to get back at her other siblings who did not help. The judge said “it seems she simply stopped going to her mother’s house, knowing nobody else could change her diapers.” Bed sore attorneys found that Clara’s bed and sheets were covered in urine and feces, a terrible way for a life to come to an end. Bed sores can be caused by many things including bed bugs, getting a mattress protector can help. Here are some 
Topamax is not like many other migraine medications and this may shed light on its popularity. As opposed to taking the medicine as soon as headache pain begins, Topamax is taken daily which helps avoid migraines all together. Topamax begins limiting the frequency of migraines after only one month. But when women begin to heavily rely on it, a problem may arise. Many studies have shown that Topamax is successful in limiting headaches, but unfortunately, women need to prioritize once they become pregnant. Although headaches can have a devastating effect on daily activities, birth defects attorneys believe that the risk to newborn babies is far worse. Topamax has been widely available in the United States since 1996, but the true dangers of potential birth defects have only recently been realized. Expectant mothers should speak with a medical professional and seek an alternative medication while pregnant to limit the potential of birth defects.