Proving Causation in Your Medical Malpractice Case
In a medical malpractice case, patients have the burden of proving that the medical professional’s negligence resulted in harm. However, proving this isn’t always straightforward. Among the critical elements you need to prove in a medical malpractice case is causation. Causation refers to the connection between the healthcare provider’s actions and your injury. Without clear causation, a medical malpractice case can fall apart. In this article, we’ll discuss what causation means, how to prove it, and the challenges you might face when proving it in a medical malpractice case.
Types of Causation
Causation is generally of two types: Cause in fact and proximate cause:
- Cause in Fact
Cause in fact is the direct cause that led to your injuries. When proving cause in fact, you may hear the phrase “but for” being used. The key question is: “Would the injury have occurred but for the medical professional’s negligence?” If the answer is no, then cause in fact is established.
- Proximate Cause
Even if cause in fact is established, the court will also examine whether the injury was a foreseeable outcome of the provider’s actions. If what transpired was so unusual that no one could have predicted it, a judge might conclude that the provider is not legally responsible.
Evidence Needed To Prove Causation
To prove causation, you need solid evidence. The most common types of evidence that your attorney may use to prove causation includes:
- Testimony from medical experts explaining what’s likely to have gone wrong
- Your medical records
- Statements from witnesses who may have seen or heard the malpractice happen
- Your account of what happened
- The provider’s professional history, including any past complaints or malpractice claims
- Test results and scans
- Correspondence with the provider or insurance company
- Financial records showing your losses
- Timing and sequence of events
Possible Challenges in Proving Causation
Proving causation isn’t always easy, even if you can prove negligence and damages suffered. This is because of the following reasons:
Complex Medical Issues
Medical malpractice cases often involve complex medical issues that a jury may find challenging to understand. This is especially true when you cannot directly link the provider’s actions and your injury. As such, it’s crucial to work with medical experts who can break down highly technical information in simple language that jurors can understand.
Multiple Possible Causes
If you already have preexisting health conditions or there are other possible causes for your injury, it can be hard to isolate the provider’s action as the cause of your injury.
Expert Disagreements
Not all medical experts see things the same way. If the plaintiff and defendant bring in credible medical professionals who disagree on what caused the injury, it can become challenging to prove your case.
Defense Arguments
The defense might also claim your injury was unavoidable, possibly due to a pre-existing condition or a known risk.
Even with these challenges, a good attorney with qualified experts can succeed in proving causation. With a skilled medical malpractice attorney and compelling evidence, your chances of success can improve significantly.
Contact an Experienced Atlanta Medical Malpractice Lawyer Today
If you believe medical negligence led to your injury, contact our experienced Atlanta medical malpractice attorney at Carroll Law Firm today to gather the evidence needed to prove causation and fight for the compensation you deserve.
Source:
pmc.ncbi.nlm.nih.gov/articles/PMC1305912/#:~:text=To%20establish%20recovery,the%20claimant%E2%80%99s%20injuries
