• DUTY - provide a service in a safe manner
• BREACH - failure to perform the duty properly
• CAUSATION - damage caused by the breach; causal connection between breach of duty and damage
• DAMAGES - results from breach of duty

When trying to prove negligence, establish a duty has been breached or a negligent diagnosis has caused damage.

1. Pre-suit Investigation:  This is the point where all medical information concerning the patient is gathered and reviewed by a licensed professional (health care usually) to determine if negligence occurred.
2. A 90 day notice is given that a suit will be filed.
3. After 90 days, one of the following will occur: settlement offer; rejection of claim; admission; submission to arbitration.
4. The claimant will then respond to one of the four previous items.
5. Based on the claimants response, a settlement conference occurs.
6. At this point, if no settlement if offered, the claim is filed.

The following procedure occurs once a lawsuit is brought to court:

1. Jury selection.
2. Opening statements: First the plaintiff states their case and then the defense follows.
3. Plaintiff present prima facie case.
4. Defense presents case with cross examination.
5. Closing arguments which include arguments, debates, inferences about case.
6. Judge charges the jury.

Return to Syllabus

References

Notes from lecture given by Pam Seay, Esquire (10/30/97).