Venue: Venue
refers to the place where a lawsuit may be brought into court.
In Missouri, in many injury (tort) cases, venue is often determined
to be in the county where the first injury occurred.
Compensation and Recovery
for Losses: There
are six basic types of damages, which you may potentially be able to
recover for in a medical malpractice case. They are defined below,
and the first five are the definitions a jury would receive in
trying to determine what to award in a medical malpractice
case:
Past
Economic Damages mean
damages incurred in the past for pecuniary harm such as medical
expenses for necessary drugs, therapy, and for medical, surgical,
nursing, X-ray, dental, custodial, and other health and
rehabilitative services and for past lost earnings and for past lost
earnings capacity.
Past
Non-Economic Damages mean
those damages arising in the past from non-pecuniary harm such as
pain, mental anguish, inconvenience, physical impairment and
disfigurement.
Future
Medical Damages mean
those damages arising in the future for medical expenses such as
necessary drugs, therapy, medical, surgical, nursing, X-ray, dental,
custodial, and other health and rehabilitative services.
Future
Economic Damages mean
those damages arising in the future from pecuniary harm such as lost
earnings and lost earnings capacity.
Future
Non-Economic Damages mean
those damages arising in the future from non-pecuniary harm such as
pain, mental anguish, inconvenience, physical impairment,
disfigurement and loss of capacity to enjoy life.
Punitive
Damages are
awarded as a way to punish the wrongdoer. Punitive damages are only
awarded in rare cases when it can be shown that the wrongdoer had
evil intent or, by his or her actions, showed a conscious disregard
for the safety of others.
What To Consider Doing If
You Think You Have A Claim: Medical
malpractice claims are one of the most difficult kinds of cases to
litigate because the medical records are the major evidence in this
case. The doctor, hospital, or clinic has control of these records,
and although it is illegal to alter these records, there is often no
way to know if they have been altered or not. Your medical records
may not reflect events the way you remember them. For this reason,
it is very important for you to document everything yourself. Be
sure to keep notes, including dates, names and notes on
conversations. You should also document any expenses incurred and
keep receipts for everything. In the event you decide to pursue a
case, the more information you can provide to your attorney, the
better he/she will be able to represent you.