To establish liability and ensure civil and monetary recovery under Georgia law, the plaintiff must establish the four elements mentioned above. If you were seriously injured in an accident caused by the negligence of another person in Connecticut, contact the experienced injury attorneys at Wocl Leydon, LLC, for help. In some cases, plaintiffs may rely on the legal doctrine of res ipsa loquitur to establish the defendant's negligence. In simple terms, that means you must show that your doctor had a duty to care for you and that he breached that duty by behaving recklessly.
Ultimately, causation is very difficult to prove because illnesses and injuries can have several underlying causes and not all of them are related to negligence. 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. For example, if you are suing your obstetrician for your baby's birth injury, you must prove that your child would be perfectly healthy were it not for the obstetrician's negligence. The plaintiff must show that there is no way for this type of accident and the resulting injury can occur without negligence.
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”). With the help of an experienced injury attorney, you can prove that the other party was negligently responsible for the harm you have suffered. If you want to show that your doctor's delay in diagnosing actively worsened your condition, you'll need medical experts to rule out other possible causes. If you consider causation to be a difficult element to prove in your medical malpractice case, you're not alone.
Overcoming difficult and complicated immunity issues is very important so that you can ensure that you can recover if you are injured because of someone's negligence. This means that you'll have to prove that your doctor's negligence or recklessness materially contributed to the actual injury. Illnesses, injuries, and various medical complications have a variety of possible underlying causes, and negligence isn't to blame for all of them. If a court has jurisdiction to handle a negligence case, it means that it has the power to determine who was at fault and to compensate the injured party.
