Damages are not an element in proving a medical malpractice claim, but it's important to recover compensation after proving the case. Damages are the legal term that refers to losses caused by negligence. Damages in a medical malpractice lawsuit are known as compensatory damages. These are payments intended to compensate the injury victim for their losses.
The second and third elements of negligence (default and causation) tend to be the most difficult to prove. Showing a direct relationship between someone's action or inaction and the injuries they sustained can be challenging. Collecting evidence of negligence requires an experienced attorney who will collect records, interview witnesses, and review documents. The second element is the immediate cause, an action or omission that can predictably cause an injury in the natural and continuous sequence of Events. The establishment of negligence can be done through direct evidence, circumstantial evidence, or the legal doctrine of res ipsa loquitur (in Latin it means “speaks for itself”).
In any case, to prove all four elements of negligence, it is necessary to gather evidence that clearly shows how each of them occurred. Sometimes, an attorney can build a case by gathering small evidence; other times, they may find “irrefutable evidence” to prove negligence. Unlike other types of negligence lawsuits, the plaintiff generally has to file a valid claim before they can file the lawsuit. This is a lower burden than in criminal cases, where the elements must be proven “beyond a reasonable doubt”.
In some cases, plaintiffs may rely on the legal doctrine of res ipsa loquitur to establish the defendant's negligence. If you believe that your injuries may have been caused by medical negligence, hire a legal team with experience in medical malpractice to review your case. However, seeking this compensation isn't always easy, as you'll also have to prove that the other party was negligent and directly caused the accident. According to an article published in the National Law Review, “it is often difficult to prove with a reasonable degree of medical certainty that a poor surgical outcome “was caused by the surgeon's negligence.” Even if you think you have a strong case, it's important that you address every element of medical negligence or you could deny your claim.
For example, according to Florida standard jury instructions 402.4c, the presence of a foreign body in the patient's body constitutes negligence, unless the defendants prove with greater weight of evidence that they were not negligent. The plaintiff must show that there is no way that this type of accident and the resulting injury can occur without negligence.
