Proving Negligence



Why Medical Records Matter

Accidents are common occurrences in many people’s lives. Each year it is estimated that there are approximately 400,000 personal injury cases filed in America. Connecticut, for example, is what’s referred to as a modified comparative fault state which is where the plaintiff can recover from the defendant(s) if he or she is found 50% or less at fault in the accident or incident. A Legal Nurse Consultant Makes a Difference in the following ways:

  1. Ascertain critical preexisting conditions;
  2. Identify missing medical records
  3. Obtain a patient’s complete medical history;
  4. Uncover underlying medical conditions; and/or
  5. Find or serve as an expert witness.

five elements in proving negligence and fault.

There are five elements that victims will need to consider when it comes to proving negligence and, in turn, fault. A Legal Nurse Consultant can assist with the medical aspects of the case to support proof of some or all of the following:

  1. Duty
    The at-fault driver had a duty of care (for example, paying attention to the road and other drivers);
  2. Breach of duty
    When the driver did something (or failed to do something) that was considered his or her duty, they breached this duty. An example of this would be if the driver is reading text messages and rear-ends another driver because they weren’t paying attention;
  3. Injury was caused by this breach of duty
    One of the most complicated parts of these cases is showing the correlation between the breach of duty and injury. You must be able to show that injuries happened as a direct result of the driver’s negligence in order to have any chance of recovering damages;
  4. Proximate cause
    Another important component is proving that the texting driver (for example) knew that these actions were dangerous and could potentially cause harm to another driver; and/or
  5. Damages
    The victim must be able to show they suffered actual injuries (whether physical or psychological) that require compensation.

Why Hire Me?

With over three decades of extensive clinical experience I help litigators discover pivotal evidence to determine case merit and substantially increase results by identifying crucial or missing health data relative to causation and damages