How Lawyers Win Medical Malpractice Cases

In order to have a reasonable chance of being awarded compensation in your negligence lawsuit, your lawyer must usually have to prove all three of these issues to legal standards:

1. That the event took place within a certain period of time prior to the suit being commenced.

This is sometimes called the Statute of Limitations, and varies from jurisdiction to jurisdiction. We can advise you if you may be close to the expiry of this period. However we do wish to emphasize that it is your responsibility to check with a local lawyer to ensure that this is correct, as there are many local exceptions to these rules. We cannot be held responsible if the local Statute of Limitations is exceeded and beyond the time when you can sue for compensation.

2. That a negligent act took place due to an accepted Standard of Care not being followed.

The act may be the responsibility of an individual, and/or an institution. The Standard of Care is particular for the period of time and location that the event took place, the training expected of the responsible individual, the availability of expert assistance, the urgency of the situation and other factors. If a negligent act was performed, whether there was Informed Consent is an important element in this assessment of the Standard of Care.

3. That there were specific consequences of the negligent act, resulting in an ability to sue for compensation.

These consequences cover a wide range of issues including:

Loss of past and future income
Pain and suffering
Medical/surgical complications of the negligent act
Physical impairment
Psychological issues
Loss of conjugal relationship and intimate relations
Effect on Leisure and Sports activities
Ongoing costs (medications, nursing care, aids to daily living, etc.)
Shortened life span or death

Our Formal Report provides the medical evidence that you can then show to a lawyer as a well presented case, with much better chance of being accepted.

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