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Evaluating and Prosecuting Medical Malpractice Cases

Evaluating The Medical Negligence Case

 I  EVALUATING THE MEDICAL NEGLIGENCE CASE
    A. Assessing the Case – The Initial Evaluation
Medical malpractice cases are won or lost in the screening process.  Although many of us medical malpractice lawyers like to assume our great trial skills are responsible for our success, the majority of our wins began and ended during a thorough screening process.  There are many factors which determine whether you have a provable medical malpractice case which is worth the time, effort and money it takes to successfully pursue these cases.

The Prosecution of a Malpractice Case: Trial Pointers

By: Jeffrey A. Mitchell

A.    Burden of Proof

La. R.S. 9:2794 specifically sets forth the burden of proof in a malpractice case.

 It provides:

The plaintiff shall have the burden of proving:

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