First, the term “prima facie” simply refers to the critical elements necessary to prove a case.
In a medical malpractice case that would be liability, causation and damages. It sounds simple, right? Not exactly.
Liability refers to who is responsible.
In legal terms, we need to know if there were departures from good and accepted medical care.
The next step is known as causation.
We must be able to show that there is a link between the wrongdoing and the harm that you suffered. This is known in legal terms as causation. There must be a causal connection between the carelessness and the injury.
Damages refer to the injuries that you have suffered.
Most experienced medical malpractice attorneys in New York will not take on a case unless the damages are significant. There are many reasons for this. The primary reason is that from a business standpoint, it is a very substantial investment for an attorney to prosecute a case like this. Although you may have suffered injury from a doctor's carelessness or negligence, your injuries may not rise to the level of what some might consider to be significant or permanent.
In addition, we are required to have a medical expert confirm that all three of these elements are present when they review your medical records and evaluate whether you have a valid basis for a case.