How Do I File A Negligence Case Against a Hospital

Full Question:

I am going to file a lawsuit against a hospital for negligence. I have no legal training. Can I count on you to advise me what form to file every step of the way? If so, how long would it take? Once I file the law suit, the hospital will respond. I need someone to tell me what form to file next. For example, I might have to produce a summary judgment, etc. Can you advise me along the way on these matters?
03/07/2010   |   Category: Negligence   |   State: Virginia   |   #21281


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When a person fails to fails to uphold a duty of care and that lack of care is the cause of foreseeable harm to another, that person may be found liable for damages due to negligence. Negligence claims require the plaintiff to show the defendant owed a duty of care, that duty was not upheld, and that failure of care caused a foreseeable harm. The answer will depend on all the circumstances involved, such as the applicable school policy and whether the infected person was being treated.

In negligence cases, the most difficult issue to prove is often causation. In cases of illness, other causes of the illness need to be ruled out. Expert testimony of doctors and others may be used to prove the cause of the damage. It would need to be shown that the damage was the result of the defendant's actions or lack of care, and that there were not other causes or contributing factors which would entirely or partly relieve the defendant of liability.

Medical malpractice claims rely heavily on expert testimony about the doctor's failure to follow accepted practices. Typically, an expert will review the medical records in the case to make such a determination. Medical malpractice claims are typically handled by attorneys who specialize in the area. Due to the high cost of employing an expert in such cases, an attorney may not accept the case unless he or she thinks the expected amount of a recovery justifies such costs.