In medical malpractice matters, the plaintiff will typically rely, in part, on treatment records to show that the defendant failed to provide competent care. Thus, if a defendant fails to retain medical records, imaging, or other documents relating to the plaintiff’s care, it could adversely impact the plaintiff’s ability to…
Generally, a plaintiff in a medical malpractice case must prove not only that the defendant was negligent but also that the defendant’s actions caused the plaintiff’s harm. In other words, simply demonstrating that the defendant deviated from the applicable standard of care is not sufficient to present a successful malpractice…
Few medical malpractice cases are actually tried to a verdict. Some settle before they reach the trial stage, while others are decided via summary judgment. In other words, parties will often try to get the court to rule in their favor as a matter of law once discovery is complete.…
Medical malpractice lawsuits often are reduced to a battle between the experts. In other words, whether a defendant is deemed liable for medical negligence typically depends on which expert’s testimony the judge or jury finds more compelling. In some instances, however, the parties are denied the chance to present their…
Most forms of treatment, including surgical procedures, carry some degree of risk. As such, a doctor must advise a patient of the potential adverse consequences of a treatment prior to administering it so that the plaintiff can make an intelligent and informed decision as to whether to proceed. If a…
Medical malpractice claims, like most causes of action, are subject to a statute of limitations. In other words, if a person injured by a reckless health care provider fails to pursue damages within the time permitted by the law, it may result in the waiver of the right to compensation.…
While plaintiffs in medical malpractice cases will typically allege that the defendant health care providers were negligent, there is a difference between what a plaintiff must prove to establish ordinary negligence as opposed to medical negligence. As such, if a plaintiff does not offer adequate proof in support of his…
Usually, medical malpractice cases arise out of harm caused by careless behavior. In some instances, however, a patient will suffer damages due to a physician’s acts that are not only intentional but also constitute criminal behavior. In such matters, the injured party may be able to establish negligence as a…
Generally, when plaintiffs file medical malpractice actions, they will include in their complaints any allegations of negligent acts committed by the defendants that ultimately led to their harm. While plaintiffs have the right to amend their pleadings during the course of litigation, the right is not limitless, and plaintiffs that…
In medical malpractice cases, it is not uncommon for more than one health care provider to be named as a defendant. In such instances, the plaintiff must independently prove the liability of each defendant, and merely because there is sufficient evidence to hold one provider accountable does not mean that…