In the US, the number of medical malpractice cases filed varies from one state to another, but it is averaging 85,000 cases filed annually. Medical malpractice claims are serious and can cause immeasurable pain to anyone who goes through the procedure.
It is vital that one who suspected any medical negligence in their care seek medical help right away. Medical review boards are there to make sure patients are safe in this world of constant care. Yet, there are some cases of negligence that are not within the scope of wrongful death.
We want to explore what is causation and spell out the lines for you today.
What is Causation in a Nutshell
What is causation in medical malpractice? It is defined as a “proximate cause.” This is a legal term meaning that the health care provider’s actions were a direct cause of the injury or death.
You will need a medical lawyer to prove causation. View this medical accident lawyer if you are looking for one.
Types of Causation
There are two main types of causation in medical malpractice: direct and proximate. Direct causation is when the defendant’s negligent act is the actual cause of the plaintiff’s injury.
Proximate causation is when the defendant’s negligent act is the legal cause of the plaintiff’s injury. The difference between the two is that direct causation is a question of fact, while proximate causation is a question of law.
Factors That Contribute to Causation
Many factors contribute to causation. They include the standard of care that was owed to the patient, the failure of the health care provider to meet that standard, and whether the health care provider’s actions were the direct cause of the injury or death.
If the health care provider’s actions were not the direct cause of the injury or death, then causation may not be present.
How to Prove Causation
In order to prove causation in a medical malpractice case, the plaintiff must show that the defendant’s actions (or lack of action) directly led to the plaintiff’s injuries. One must prove that there is breached a duty of care.
This can be difficult to prove, as many factors often contribute to a person’s injury or illness.
Consequences of Causation in Medical Malpractice
If the plaintiff is able to prove causation, the consequences for the defendant can be significant. They may be required to pay damages to the plaintiff, which can include medical expenses, lost wages, and pain and suffering.
In some cases, the court may also order the defendant to make changes to their practice in order to prevent similar injuries from happening in the future.
Work with an Experienced Medical Lawyer to File a Medical Malpractice Case
Defining what is causation is a complex legal issue in medical malpractice cases. There must be a causal connection between the defendant’s conduct and the plaintiff’s injury. This can be hard to prove, and expert testimony is often necessary.
If you think you may have a medical malpractice case, you should speak to an experienced attorney to discuss your options. There can be several medical malpractice lawyers that you can find out there, so it is imperative to do your research.
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