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.
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The legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.
Persaud, a sworn juror in a medical malpractice civil trial, contacted the plaintiff and said that he had some important information about the defendant that was crucial to the lawsuit. Through a telephone conversation, Persaud spoke to the mother of the plaintiff and arranged to meet the plaintiff’s father at a local hardware store to discuss the information. The father immediately recognized the juror, who made assurances that he could sway the jury in the plaintiff’s favor in return for a five percent cut of the damages awarded. The family contacted the plaintiff’s medical malpractice attorney soon after the phone call and the news was promptly brought to the judge on Monday. The judge, in turn, contacted the DA’s Office and after a short investigation, the juror was arrested when he returned to court on Tuesday. If Persaud is convicted of all the charges that have been brought against him, he could face up to seven years in prison. Due to this gross misconduct on the behalf of the juror, medical malpractice attorneys fear that the plaintiff’s pursuit of a fair and impartial trial will be substantially delayed.
Seventy-two year old Christine Williams went in to Naval Hospital Jacksonville to have a mass removed from one of her kidneys. The procedure was expected to keep Ms. Williams in the hospital for three days and then allow her to resume normal activities. Those three days turned into four months. Ms. Williams then contacted 
The worry among medical malpractice attorneys has been that the new rules limiting the ability of plaintiffs to bring lawsuits may place a significant obstacle in the way of patients finding justice. Medical malpractice has been a hot button issue in nearly every jurisdiction within the country, with many politicians concerned with stabilizing the costs of malpractice insurance. Medical malpractice attorneys’ chief concern is that rules that are over-expansive may keep meritorious cases from reaching a courtroom. On the other hand, many medical malpractice attorneys believe that these new rules in Pennsylvania may help those patients bringing strong negligence cases to court. Although the new standards on negligence have been put into place to limit frivolous lawsuits, those patients with strong cases will have more of the judicial resources at their disposal.
