Q Did the injury to the patient produce compensable damages?

A Finally, the money part of the litigation process rears its costly head. Before a case can even get to this point to determine compensation, each element of negligence must be found by the “preponderance of the evidence.” This standard is a much lesser one because it is a civil case. In a criminal case, the evidence presented must meet the standard of “beyond a reasonable doubt.”

Damages are specified only after liability has been found. In a civil case, monetary damages are the most prevalent way to make the injured party whole. Other ways that can be a part of the damage equation may be a change in policy or disciplinary procedures. However, these remedies only help to ensure that the situation does not occur again. The primary way a plaintiff is made whole is through monetary compensation.


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