What is “Causation” in Medical Malpractice?
The term “Causation” in the context of the medical world, is defined as a patient having to prove that the injury they sustained was caused by a medical professionals negligence that did not meet the acceptable standard of care. A patient cannot simply file a medical malpractice claim without proving that a negligence in fact occurred. A patient cannot state that they were injured during a procedure or treatment without a having any proof of it.
Causation exists in two forms: proximate and actual( cause-in-fact). Actual cause breaks down to the physician’s actions or omissions being the cause-in-fact of the patient’s injuries. In other words, the patient would not have been injured if it were not for the neglectful acts of the physician that could have been prevented. Proximate cause refers to whether the actions or omissions of the physician were the legal cause of the injuries that the patient endured.
When a medical malpractice claim surfaces, the physician will often try to place the blame on another cause. The physician(defendant) will try to show how the plaintiff attributed to their own injury. The defendant may claim that the injury was caused by a pre-existing condition and even if they had deviated from the standard of care, it would not have made a difference with the patient’s results. Additionally, the defendant might argue that there was a superseding cause” or “intervening cause” to place the blame on a third party.
The medical malpractice attorneys are presently serving those in Orlando who have been a victim of a medical mistake. With over 20 years in practice, many medical malpractice cases have arisen of which the firm has won millions in compensation.
What Has To be Proven Through Causation?
Causation must exist for a medical malpractice lawsuit to surface. Without causation, guilt cannot be established. A patient has to prove the following four components:
The physician had a duty to the patient: A doctor-patient relationship has been established. The physician had to have treated, cared for, or consulted with the patient.
The physician fell short of the standard of care: Every medical professional owes their patients a standard of care that is accepted in the medical field.
The lack of standard of care caused the patient’s injury: Sometimes, pre-existing injuries or medical conditions can get in the way of proving this component. Medical history and documentation can help provide this.
The injury sustained caused damaghttps://percymartinezlaw.com/orlando-medical-malpractice-attorneys/es: A person could be injured but needs to have endured damages in order to receive compensation. Some damages include medical fees, pain and suffering, in-home assistance, and more.
Orlando Lawyers Here to Help Prove Causation
The lawyers at Percy Martinez Law Office are here to help their clients prove causation in their claim. They work with medical experts and perform detailed investigations to compile all necessary evidence to win the case. They strive for maximum compensation for their clients and seek to bring their clients some normalcy back into their lives.