One of the key components of medical malpractice cases is the standard of care. Specifically, a plaintiff must establish that applies to the allegedly negligent health care provider and provide expert testimony explaining the manner in which the defendant breached the standard. In cases in which the parties produce conflicting…
The standard of care imposed on medical professionals is beyond the understanding of most laypeople, and parties in medical malpractice cases will often rely on reports from medical experts to support their positions. Thus, the success of a plaintiff’s medical malpractice claim often hinges on which party’s expert offers a…
In medical malpractice cases, defendants will often try to avoid the costs associated with protracted litigation by seeking dismissal of the plaintiffs’ claims prior to trial via motions for summary judgment. If the court finds that a defendant has adequately demonstrated the right to judgment in its favor as a…
In many car accident cases, proving liability can be difficult. In some collisions, though, it seems as if liability is clear. For example, in rear-often crashes, there is generally a presumption that the second driver is responsible. While that is generally true, it is not an irrefutable assumption, as demonstrated…
People who suffer injuries generally have the right to pursue claims against the parties responsible for their harm, with or without the assistance of attorneys. Some claims, like those arising out of medical malpractice, are complex, however, and parties that attempt to seek compensation for medical negligence without legal counsel…
Plane crashes are rare, but when they occur, they often cause catastrophic injuries. While many plane collisions are caused by defective design or maintenance of the planes themselves, they can also be caused by other factors, like the negligent operation of the plane or the performance of air traffic control…
Generally, in medical malpractice cases, plaintiffs will present evidence of the harm suffered and ask the jury to issue a verdict in their favor but will not request a specific damages amount. As such, what constitutes an appropriate amount of compensation is typically within the purview of the jury. If…
It is not uncommon for patients to suffer complications after surgical procedures, and in many instances, such complications are preventable and only arise due to the careless acts of one of the doctors involved in the surgery. The mere occurrence of an adverse event, however, does not necessarily indicate a…
The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While…
In many lawsuits that arise out of car accidents, the defendants’ liability appears to be clear. Even in cases in which it is evident that a defendant’s negligence caused a car accident, however, he or she is generally not precluded from arguing that the plaintiff is partially at fault as…