Monthly Archives

October 2013

Expert Witnesses and Medical Malpractice Litigation

EXPERT WITNESSES

One feature of a medical malpractice claim that distinguishes it from a garden-variety negligence claim is the use of expert witnesses. In the average motor vehicle case, most people have a sufficient understanding of the duties of a motorist on the highway. Most people already know that a driver must stop for a red light and that the failure to do so is considered…

Valuing a Medical Malpractice Claim

NUISANCE VALUE

Attorneys who file medical malpractice lawsuits without thoroughly investigating them first do everyone a disservice. Malpractice lawsuits should only be filed after the records are obtained and reviewed by an expert. Some attorneys hope to harass doctors into settlements simply by filing suits. This is called going for nuisance value. While this might sometimes work wit…

Litigating Tinnitus

PROVING TINNITUS IN PERSONAL INJURY LITIGATION: ONE LAWYER’S EXPERIENCE

Tinnitus is an injury commonly resulting from trauma. If that trauma was caused by negligence, it can form the basis for a personal injury lawsuit. If you are pursuing injury litigation, there are steps you can take to maximize the settlement value and jury appeal.

How does one prove what the tinnitus sufferer…

Fundamentals of Medical Malpractice Litigation

THE FEE AGREEMENT

As noted, a medical malpractice lawyer works under a contingency fee agreement. Medical malpractice cases may warrant a higher contingency fee than garden-variety motor vehicle cases or slip-and-fall lawsuits. This is because the amount of work and the lawyer’s own financial investment are usually significantly more.

Some states have laws that limit the lawyer’s…

Proving Cause and Damages in a Medical Malpractice Case

CAUSATION OF INJURY

Just as important as establishing the doctor’s negligence, a plaintiff must also prove that this negligence caused injury. In short, it must be proven to a reasonable degree of medical certainty that the doctor’s conduct was a substantial factor in bringing about the harm the patient suffered.

Proving causation in a malpractice case is difficult. There are complications…

THE NUTS AND BOLTS OF A MEDICAL MALPRACTICE CASE

THE NUTS AND BOLTS OF A MEDICAL MALPRACTICE CASE

A comprehensive discussion of medical malpractice litigation is beyond the scope of this book. Each case is unique and presents a multitude of issues. But, in the end, a medical malpractice case boils down to three elements that must be proven by the plaintiff. Proving less than three is insufficient and will result in a verdict in favor of t…

Hiring an Attorney for a Medical Malpractice Case

HIRING AN ATTORNEY

It is important to select the right attorney for the case. Medical malpractice is a highly specialized field. Although one may be a very competent trial attorney, not every attorney has the experience or resources to handle a malpractice case.

It is important to thoroughly question any lawyer you interview. You should ask about his or her years of experience handling…

Copyright ©2022. All Rights Reserved. | Disclaimer | Site Map