Punitive Damages

If the evidence shows that the doctor, nurse or other health care provider acted willfully, wantonly, maliciously, fraudulently, with bad faith or with a conscious indifference to the potential consequences, the plaintiff may be entitled to punitive damages. Punitive...

Compensatory Damages

Compensatory damages are intended to compensate the plaintiff for the actual injury and harm that he or she has suffered. In other words, compensatory damages aim to make the plaintiff “whole.” Compensatory damages can be divided into two categories, damages for...

Res Ipsa Loquitur

If a patient is injured as the result of a medical procedure, but does not know exactly what caused his or her injury, but it is an injury that would not have occurred without negligence by a health care provider, the plaintiff might be able to invoke the legal...

Cause In Fact

There are two types of causation: actual cause (cause-in-fact) and proximate cause. The defendant’s actions are the cause-in-fact of the plaintiff’s injury if the plaintiff would not have been injured “but for” the defendant’s wrongful act, or if the plaintiff’s...

Why Would You Need an Expert?

Posted by Richard Shallcross Why Would You Need an Expert? Because of the complexity of the subject matter of medical malpractice cases, it is generally held that the plaintiff must rely on expert testimony to support causation. Most medical issues are not within the...

Individual Providers

Posted by Richard Shallcross Tulsa Individual Providers Medical Malpractice Individual providers: doctors, nurses and other health care professionals In addition to doctors and surgeons, a variety of other health care professionals, including dentists, psychiatrists,...
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