We are a full-service law office that represents victims of medical malpractice and birth injuries for more than 60 years. Our firm's Los Angeles medical malpractice attorneys have proven themselves amongst the most achieved in the country, and have helped hundreds of households and victims effectively through their legal journeys.
Concerns About Medical Malpractice or Birth Injuries?
Our firm is committed to representing people who have actually ended up being the victim of some form of negligence at the hands of medical professionals. We believe in battling hard to see that our clients receive the payment they need to live happy and complete after their injury.
A PROVEN MEDICAL MALPRACTICE FIRM
We are one of leading medical malpractice law firms in the nation. For many years, our legal group has actually made a variety of nationally recognized achievements and awards, consisting of:
REPRESENTING MEDICAL MALPRACTICE VICTIMS IN L.A, CA
We focus our efforts on medical malpractice claims. Listed below are simply a few of the many types of cases we manage:
At our firm, we have accomplished a number of successful results in cases including birth injuries, consisting of record-setting decisions at their time in California, Hawaii, Colorado, and Washington. We understand the psychological nature of birth injury cases, which is why we exceed and beyond to support clients through these difficult times. We manage the full range of birth injury cases, consisting of those involving:
Brachial Plexus Injury
Elevated Bilirubin
Umbilical Cord Compression
Spastic paralysis
Shoulder Dystocia
Erb's Palsy
Mental retardation
Fractures
Prenatal Misdiagnosis
While some of these scenarios are the outcome of natural causes, others are the outcome of medical negligence. Medical malpractice can cause or magnify birth injury.
Hospitals are expected to be places of recovery. They're where you go when you're hurt or ill and you require the aid of well-read, extremely trained professionals. Every year almost 100,000 Americans die as an outcome of preventable medical errors.
The majority of doctors and other physician are capable, caring, thoughtful individuals who strive for the health of their patients. However, medical mistakes are usually ravaging in their penalties, and no victims are more innocent than patients who have actually concerned a medical professional trying to find help.
The medical malpractice legal representatives at our Law Firm do not believe you should have to suffer as a result of a medical professional's error. We'll use our years of experience in personal injury law to investigate your case and pursue justice and compensation for your injuries.
If you've been injured as a result of a physician's mistake, our experienced, skilled medical malpractice lawyers can assist.
Kinds of Medical Malpractice
While negligence is the source of most kinds of medical malpractice, it is essential to understand a number of key points. Initially, not every unfortunate lead to a hospital is a case of medical malpractice. This location of law is complicated, and it's vital you talk to a lawyer immediately so you can get a sense of the credibility of your claim.
How our Medical Malpractice Lawyers Can Assist
It's vital that you speak with the attorneys at our Firm immediately after you've been hurt. Many people do not even know they have a possible medical malpractice claim, and hence lose the opportunity to pursue justice for their injuries.
We can assist by:
Utilizing our experience and competence to examine your case
Figuring out and examining the occurrence fault
Setting up professional medical testament to mention where things went awry throughout your treatment
Dealing with insurance coverage business
Crafting a compelling case in the court room and battling on your behalf in the negotiating room
All of our initial assessments are totally free, which suggests there's no factor you shouldn't talk to our medical malpractice lawyers.
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You need to speak to our medical malpractice lawyers immediately if you have actually suffered a terrible personal injury as a result of a medical professional's mistake. Please contact us today for a free examination.
MEDICAL MALPRACTICE OVERVIEW
Were you or a member of your family hurt as a result of medical carelessness or a doctor's mistake? Do you understand exactly what really happened? You are worthy of a clear explanation, and if medical malpractice did trigger your injury, you are worthy of payment.
Medical malpractice is a particularly challenging location of law. Bringing a successful claim to the insurance coverage company or to a jury needs legal representatives with comprehensive experience, the funds to spend for an extensive examination, and access to leading medical experts.
At our law company, our lawyers have the experience and skill required to get outcomes in medical malpractice cases. Our past successes permit us to state with confidence that we are one of California's leading medical malpractice law firms.
If you believe you were hurt by a physician in a health center, nursing home or clinic, we welcome you call us and arrange a free medical and legal assessment. Our medical director, will arrange a review of your case.
Evaluation of these types of cases can be extremely expensive. We pay all of those costs. We just assert compensation if we prosper in your case. You will not be required to pay those expenses if we decrease your case or we do not succeed. "The lawyers were thoughtful and did an exceptional job managing my case. There are many people who are victims of health center and doctor errors - we are the company to assist.".
We handle these and other medical malpractice cases:
Birth injuries caused by failure to carry out a cesarean, failure to diagnose fetal distress resulting in brain injury or spastic paralysis, improper usage of forceps and suction during delivery, and failure to deal with maternal Group B strep resulting in neonatal meningitis.
Misdiagnosis or failure to diagnose a treatable condition, such as early stage cancer, cardiac arrest, stroke, gestational diabetes, or microbial/ fungal meningitis in sufficient time to offer efficient treatment.
Surgical mistakes resulting in amputation errors, infection, or spinal cord injuries.
Emergency clinic and health center errors, including failure to confess a client, launching a client too soon, and failure to refer a patient to an expert.
Medication errors resulting in allergic reactions to medication, drug overdoses or death.
Intubation mistakes resulting in short-term or permanent breathing issues, lack of oxygen, brain injury or death.
Lab mistakes and misconception of x-rays and other test outcomes.
Deadly radiation errors and burn injuries.
Nursing home injuries resulting from abuse or disregard.
Did a previous legal representative mishandle your medical malpractice case?
Customers sometimes ask us to take control of their case or to evaluate whether their case was mishandled by a previous attorney. We will pursue a legal malpractice claim versus a lawyer whose carelessness resulted in a failed claim if possible. We likewise have a long history of success with cases that other law firms or other attorneys refused. Contact us to see how we might have the ability to aid you no matter how intricate your case might seem. If medical carelessness played a part in your injuries, we will hold the accountable party liable for their actions.
When an injury arises from medical malpractice, our lawyers might be able to submit a lawsuit versus the medical professional, health center, healthcare, or nurse supplier who was negligent in triggering the injury. When treatment by a healthcare carrier falls below the accepted requirement of care in the medical community and leads to the injury or death of a patient, medical malpractice occurs. In general, if a doctor fails to act where others with comparable training would have, they might be responsible for any resulting injuries and other losses.
Have you or a loved one been injured by a health care professional? If so, you may be able to submit a medical malpractice lawsuit to recuperate compensation for lost incomes, medical bills, and pain and suffering. Fill out our free case review type today to learn how our lawyers might have the ability to help you file a medical malpractice claim.
The Significance of Hiring an Experienced Medical Malpractice Attorney.
Medical malpractice claims vary from other personal injury cases because they involve 2 intertwining areas of knowledge: law and medicine. These cases are inherently complicated and require the interest and skill of a lawyer who is skilled in both of these areas. The lawyer you pick ought to:.
Have a firm understanding of medication.
Be able to decipher medical files.
Know which specialists to speak with.
Know which questions to ask.
Be able to prepare for the tactics of the accused.
Medical Malpractice Attorney.
Healthcare specialists will likely have actually prevented malpractice claims before; therefore, it is very important for prospective plaintiffs to pick a lawyer who has actually formerly prosecuted malpractice claims in Florida. Your lawsuit will be based not only on your evidence, testament and witnesses, however also the claims, evidence, and expert witnesses presented by the opposing side in support of their defense. Maintaining an attorney in Florida who can expect the methods employed by a health care professional to rebut or negate your claims can be a key consider the outcome of your case.
At our company, the attorneys in our office have managed medical malpractice claims for years and will utilize this experience to prepare for the techniques used by the defense. Our attorneys' strength lays not just in our courtroom and settlement techniques, however likewise the resources made available by our law office. At our firm, we utilize a number of outdoors experts at the top of their particular fields, including expert witnesses, full-time nurse paralegals, speaking with personnel doctors and consulting personnel nurses, who will help us establish a link between your injuries and the accused's negligence. With the assistance of these people, our attorneys have actually put together a performance history of results assisting medical malpractice victims in Orlando and the surrounding locations recuperate payment for their injuries. While each case is different, we have recuperated multi-million dollar results for our customers, including a $38,750,000 decision for a family after their medical professional failed to perform a timely Cesarean area, which led to the serious injury of their kid.
Medical malpractice happens when a patient is harmed by a medical professional (or other medical professional) who fails to competently perform his or her medical duties. When you must bring your suit to whether you need to inform the medical professional ahead of time-- vary from state to state, the guidelines about medical malpractice-- from. But there are some basic principals and broad classifications of guidelines that apply to the majority of medical malpractice cases. Here's a summary of the law and a few of these special guidelines.
Fundamental Demands for a Claim
To show that medical malpractice happened, you must have the ability to reveal all these things: You need to reveal that you had a physician-patient relationship with the medical professional you are suing-- this suggests you employed the physician and the physician agreed to be hired. If a medical professional began seeing you and treating you, it is easy to prove a physician-patient relationship existed.
Simply due to the fact that you are dissatisfied with your treatment or results does not imply the medical professional is accountable for medical malpractice. Whether the physician was fairly skilled and mindful is commonly at the heart of a medical malpractice claim. Nearly all states need that the patient present a medical professional to talk about the suitable medical standard of care and reveal how the accused deviated from that requirement.
The physician's neglect triggered the injury. Because lots of malpractice cases involve clients that were hurt or currently sick, there is frequently a question of whether exactly what the physician did, negligent or not, actually caused the harm. For example, if a client passes away after treatment for lung cancer, and the medical professional did do something irresponsible, it could be difficult to prove that the physician's carelessness triggered the death rather than the cancer. The patient should reveal that it is "most likely than not" that the medical professional's incompetence straight triggered the injury. Usually, the patient should have a medical expert testify that the doctor's neglect triggered the injury.
The injury resulted in specific damages. Even if it is clear that the doctor carried out listed below the expected standards in his/her field, the client cannot demand malpractice if the patient didn't suffer any harm. Here are examples of the kinds of damage patients can demand: physical discomfort
mental anguish
added medical costs, and
lost work and lost making capability.
Typical Kinds of Medical Malpractice
A wide variety of circumstances can lead to a medical malpractice claim-- from a doctor leaving a sponge in a patient's stomach during an operation to failing to tell a patient that a prescribed drug may trigger cardiac arrest. Most medical malpractice claims fall into one of these categories:
Failure to detect. If a qualified doctor would have found the client's illness or made a different medical diagnosis, which in turn would have caused a much better result than the one in fact accomplished, then the patient might have a viable medical malpractice claim.
Incorrect treatment. The client could have a medical malpractice claim if a doctor treats the client in a way that no other competent physician would. In a similar vein, it may likewise be malpractice if the doctor selects the proper treatment however administers it incompetently.
If a client, when properly informed of possible dangers, would have elected not to go through with the treatment, the doctor might be accountable for medical malpractice if the client is hurt by the treatment (in a method that the physician ought to have alerted might happen).
Special Demands in Medical Malpractice Cases
Numerous states have unique rules and treatments for medical malpractice claims. It is very important to find out about these rules and follow them thoroughly.
Medical malpractice cases have to be brought soon after the injury. In a lot of states, you must bring a medical malpractice claim fairly rapidly-- commonly between six months and 2 years, depending on the state.
When the time duration begins ticking likewise depends upon the state. In some states, the clock begins when the irresponsible act took place; in others, it begins when the patient should have discovered the injury.
Unique medical malpractice evaluation panels. Lots of states require the patient to first submit the claim to a malpractice evaluation panel. This panel of experts will hear arguments, review proof and specialist testimony, and then decide whether malpractice has occurred. The panel choice does not change a real medical malpractice lawsuit, and the panel can not award damages, however it's a hoop the patient should jump through before getting to court. The findings of the testimonial panel can be provided in court, and courts often rely on a review panel's finding of no medical malpractice to throw out a case before it goes to trial.
Special notification requirements. Some states require that the patient provide the doctor notice of the malpractice claim, through a basic description, before submitting anything.
Expert statement is needed. Expert opinions are commonly an important feature of the client's case. A qualified specialist is generally required at trial. (And commonly, specialist testimony or an expert affidavit is required at the malpractice review panel procedures prior to starting trial.) State rules differ about exactly what makes someone qualified to offer skilled medical testament, but generally it is someone with experience in the particular field at issue. In an extremely minimal number of circumstances, expert testimony is not required, such as when a medical towel is left inside the patient after a surgery. Limitations on damage awards. Numerous states limitation or "cap" the quantity of cash that can be granted to a medical malpractice patient.
Medical Malpractice In-Depth
When health problem or injury forces you to go or see a doctor to the healthcare facility, you can normally be assured that a medical professional's years of experience and training will lead to excellent treatment. In truth, medical care companies are only human, and mistakes are constantly possible. When an irresponsible act or omission by a physician or other medical expert results in damage or harm to a patient, medical malpractice takes place. To get started with a medical malpractice case, checked out Initial steps in a Medical Malpractice Claim. See FindLaw's Medical Malpractice area for more posts and resources.
Negligence by a doctor can consist of a mistake in diagnosis, illness, or treatment management. If such carelessness results in injury to a client, a legal case for medical malpractice can occur against:
The physician, if his or her actions differed usually accepted standards of practice; The health center for inappropriate care or insufficient training, such as issues with medications or sanitation; Local, state or federal firms that run healthcare facility centers.
Medical malpractice laws are developed to secure clients' rights to pursue payment if they are hurt as a result of neglect. Nevertheless, malpractice suits are frequently intricate and costly to win. For that reason, if you think you have a medical malpractice claim, it is essential to seek advice from a lawyer who will discuss your case with you, and help you identify your best options.
Legislation Impacting Malpractice Actions
Due in part to the power and resources of healthcare market lobbyists, lots of states have actually passed legislation making it harder to prevail and bring in medical malpractice actions. In the majority of states today, physicians and health centers are secured by legal limits, called "caps," on the amount of damages and attorneys' fees that can be granted in malpractice fits. Likewise, most states have a two-year time limit for submitting malpractice actions, unless remarkable conditions influence the case.
One challenge complainants in lots of states may have to get rid of prior to they can even file a malpractice action against a health care expert is the requirement that they file exactly what is typically called a "certificate of merit." In order to file a certificate of benefit, a plaintiff will initially have to have a specialist, generally another doctor, examine the pertinent medical records and accredit that the plaintiff's health care service provider differed accepted medical practices, which led to injury to the plaintiff. The plaintiff's attorney then files the certificate of merit, which validates that the attorney has consulted with a medical specialist which the plaintiff's action has merit.
"Respondeat Superior" and Independent Specialists
Medical malpractice can be committed by numerous kinds of health care specialists and, in a case where a medical facility employee dedicates malpractice, the health center itself might be held responsible under the legal teaching of "respondeat remarkable." Under this theory, an employer may be held accountable for the negligent acts of its staff member if the worker was acting within the scope of his/her employment when the carelessness took place. This doctrine is crucial to plaintiffs in medical malpractice cases, because it assists make sure there will be a financially responsible party to compensate a hurt plaintiff.
In some situations, typically involving attending doctors working in health centers, health care providers are considered independent contractors instead of workers, which makes the teaching of "respondeat remarkable" inapplicable. Exactly what this means is, if a physician or other healthcare expert an independent contractor, and commits malpractice while dealing with a patient in a hospital, the health center can not be held accountable for the doctor's negligence. The medical facility can be held responsible for its own carelessness, for example, in granting attending benefits to an unlicensed or inept physician.
A Free Assessment with a Medical Malpractice Attorney
It's not always easy to understand the best ways to pursue a medical malpractice case. A certified medical malpractice lawyer will have the ability to discuss the strengths and weak points of your case and help you get the compensation you should have. A friendly initial step is to get a free claim assessment from a medical malpractice legal representative.
Medical Malpractice: Who Can Be Taken legal action against?
The legal principle of medical malpractice is not limited to the conduct of medical physicians, but uses also to nurses, anesthesiologists, health care centers, pharmaceutical companies, and others that supply health care services. The main thrust of a medical malpractice match is showing fault-- often by a medical professional or another person straight related to treatment-- however in some cases these other entities are accountable as well. This short article focuses on who may be sued in a medical malpractice claim. Health centers
Hospitals are corporations that are either public or personal entities. In the context of medical malpractice actions, medical facilities can be held directly liable for their own neglect, and can likewise be held "vicariously" accountable for the carelessness of their workers. Vicarious liability indicates a party is called to account not for its own neglect, but for the negligence of another.
Medical facility Neglect
A health center's medical personnel will consist of licensed doctors and other certified health care service providers, such as nurses, doctor's assistants, and nurse professionals. If a health center fails to make affordable questions concerning a member of its medical staff, it might be held accountable under the "business carelessness" doctrine for negligent guidance or retention, if the staff member's negligent care injures a patient.
Healthcare facilities are likewise required to ensure that there is an adequate variety of signed up nurses on duty at all times to maintain quality patient care. A medical facility that fails to do so might be held liable for injuries to patients resulting from a nursing scarcity. When a healthcare facility's employees fail to follow the orders of a client's personal participating in doctor, another location of possible liability emerges. Alternatively, if a health center staff member finds a private physician's treatment strategy to be clearly contraindicated, but cannot make a sensible inquiry of the doctor regarding the treatment plan, the hospital might likewise be discovered accountable.
Vicarious Liability
When a medical facility staff member's malpractice hurts a client, the health center itself might be held vicariously liable under the legal doctrine of "respondeat remarkable." Under this doctrine, a company may be held responsible for the irresponsible acts of its staff member, if the employee was acting within the scope of his/her employment when the negligent act or omission took place. This teaching is extremely important to plaintiffs in medical malpractice cases, since it helps guarantee there will be a financially responsible party to compensate an injured plaintiff.
In some situations, health care companies such as doctors are considered independent contractors instead of hospital workers, and the teaching of "respondeat remarkable" will not apply. What this implies is, if a medical professional or other health care professional is an independent contractor, and dedicates malpractice while dealing with a patient in a healthcare facility, the hospital can not be held accountable for the doctor's neglect. In particular circumstances, a hospital may be vicariously or straight liable for the acts or omissions of professionals it retains to operate emergency clinic and outpatient facilities.
Pharmaceutical Business
In some cases, a pharmaceutical producer might be accountable where a drug caused a patient injuries, but only if the manufacturer failed to caution physicians of the drug's potential negative effects or threats.
A pharmaceutical manufacturer's primary duty is to doctors. Therefore, a producer usually will not be responsible for a patient's injuries, as long as it properly informed the physician of all dangers related to a specific drug. Regarding the ultimate consumer, a pharmaceutical business only owes a duty to make sure that the medication it produces will be reasonably safe when used as planned. To guarantee a drug's security, the manufacturer needs to investigate the drug's possible negative effects and threats prior to putting it on the market. If the pharmaceutical maker cannot effectively warn a doctor of a drug's dangers, nevertheless, the drug becomes exactly what is known under food product liability law as "unreasonably harmful," and the manufacturer might be held responsible for the failure to supply correct cautions.
The recommending doctor is considered a "learned intermediary," which implies that due to the fact that of his or her remarkable medical understanding, and assuming he or she has been offered appropriate information from the maker, he or she is in the finest position to identify whether a particular drug or device is proper for a client. Thus, the physician has the primary task of recommending the patient of the dangers and side effects of a medication or medical gadget she or he recommends.
Initial steps in a Medical Malpractice Case
Medical malpractice cases are usually looked for by clients who have actually been damaged or injured due to bad medical treatment or mistaken medical diagnosis from a medical supplier such as a physician, nurse, professional, health center or medical employee. Usually, the procedure of whether a medical company was "negligent," or failed to offer proper care, turns on whether the patient would have received the exact same standard of care from another medical provider under comparable scenarios.
While the majority of healthcare service providers intend to work out the highest requirement of care for all patents, there are times when things can go seriously incorrect. If you or a loved one has experienced poor healthcare, misdiagnosis, lack of approval, or breach of doctor-patient confidentiality that has actually led to harm or injury, you might be entitled to medical malpractice healing.
Below are some standard primary steps in bringing a medical malpractice case.
Contact the Physician Included
The first step is to get in touch with the doctor or doctor who deals with you prior to you really submit the claim. Your goal is to get an understanding of exactly what may have gone wrong and allow your medical professional to determine whether it is something that can be fixed. Medical companies are willing to perform services (in some cases free of charge) to correct an issue or provide an option.
Contact the Relevant Medical Licensing Board
You might want to contact the licensing board that governs medical licenses if contacting the medical professional does not help the scenario. While licensing boards typically can not purchase the expert to compensate you, they can release cautions or discipline to the professional and may have the ability to provide you with guidance about your next actions.
Know How Long You Have to File a Claim
When deciding whether to submit a medical malpractice claim, it is important to discover out how much time you have to legally bring the claim. All civil claims, including medical malpractice cases, have time limits as to when they need to be filed.
Get a Medical Assessment to Verify Your Case Has Benefit
A growing number of states need clients to file exactly what is frequently referred to as a "certificate of merit" to determine that the injuries you suffered was the result of negligence on the part of a healthcare specialist. To file a certificate of merit, should initially get in touch with an expert, normally another doctor, to evaluate your medical records and certify that the original healthcare provider deviated from accepted medical practices, which led to your injuries. The lawyer that you employ will now file the certificate of merit, which verifies that you spoke to a medical expert which your action has merit.
Consider an Out-of-Court Settlement
Medical malpractice cases can be prompt and expensive, which is why most medical malpractice cases are settled from court. In addition, because medical malpractice insurance coverage companies turn down a significantly big part of medical malpractice claims, it may remain in your benefit to settle out-of-court or danger having no case at all. Remember, however, that if you believe you have a strong case, then you must look for a larger settlement.
Showing Fault in Medical Malpractice Cases
When a physician fails to meet this requirement of care, and it results in an injury to the client, that patient might seek damages for medical malpractice. There are a limited number of ways to show medical malpractice, all of them based on whether the doctor worked out the correct requirement of care.
Carelessness
Many medical malpractice cases proceed under the theory that a doctor was negligent in treating the client. To develop medical negligence, a hurt patient, the plaintiff, have to show:
The existence of a task owed by the healthcare professional to the plaintiff (for instance, a doctor/patient relationship);. The applicable standard of care, and the healthcare professional's variance from that standard, which is a breach of the responsibility owed the patient;.
A causal connection in between the healthcare specialist's discrepancy from the standard of care and the client's injury;.
Injury to the patient.
To discover a medical professional irresponsible, it must be shown that his/her conduct fell below a generally accepted requirement of medical care. To develop the requirement to be used, a plaintiff has to present the testament of another medical expert, qualified in the exact same area of medicine as the accused, showing what standard, or level of care, is typically met by those acknowledged in the career as being qualified and certified to practice. The plaintiff will have to present skilled statement not only as to this requirement of care, but likewise reveal the defendant cannot satisfy this standard.
Irresponsible Prescription of Medications or Medical Devices
A medical professional may be held responsible for the negligent prescription of a medication or medical device if he or she ignored the producer's instructions, or recommended an inaccurate medication or dosage, which resulted in injury to the client. In many cases, a pharmaceutical maker might be responsible where a drug caused a client injuries, however just if the manufacturer cannot warn of possible adverse effects or threats of the drug.
The prescribing physician is considered a "found out intermediary," which suggests that due to the fact that of his or her exceptional medical understanding, and the fact that he or she has been provided appropriate details from the producer, he or she is in the finest position to determine whether a specific drug or device is suitable for a client. Therefore, the physician has the primary task of encouraging the client of the threats and adverse effects of a medication or medical device he or she recommends.
Informed Consent
In numerous scenarios, the failure to obtain a patient's "notified consent" before administering a procedure or treatment is a kind of medical negligence, and may even generate a cause of action for battery. The specific definition of notified consent may differ from state to state, it basically suggests that a physician (or other medical supplier) have to tell a client all of the possible advantages, dangers, and options included in any medical treatment, medical procedure, or other course of treatment, and must acquire the patient's composed consent to continue.
Problems of Evidence: The "Res Ipsa" Doctrine
Developing wrongdoing on the part of a health care company is frequently hard. Showing malpractice is also tough since the offenders are often the ones who write the medical reports that may form the basis of the suit.
Thankfully, the law acknowledges that complainants face specific difficulties in showing medical carelessness. If a patient injured as the result of a medical treatment does not know exactly what triggered his or her injury, however it is the kind of injury that would not have actually taken place without neglect on the part of his or her healthcare company(s), she or he might invoke a legal teaching known as "res ipsa loquitur." Equated, this Latin expression implies "the important things promotes itself," and suggests that the plaintiff just has to show that a specific outcome happened and would not have actually occurred but for someone's neglect.
Once this teaching is utilized the burden of proof shifts from the plaintiff to the offender to show that he or she was not irresponsible. To utilize the doctrine of res ipsa successfully, a plaintiff must reveal that:.
Evidence of the real reason for the injury is not available;.
The injury is not the kind that ordinarily occurs in the absence of negligence;.
The plaintiff was not responsible for his/her own injury;.
The accused, or its staff members or representatives, had exclusive control of the instrumentality that caused the injury; and.
The injury could not have actually been caused by any instrumentality besides that over which the accused had control.