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Causation an important issue in medical malpractice litigation

In our last post, we began speaking about a medical malpractice case in
which the family of a man who died of cancer is suing a physician who
failed to detect the presence of cancer. The family is claiming that the
physician’s negligence meets the causation requirement because
the man lost the opportunity to receive treatment that would have likely
extended his life a number of months. On the defense side, the argument
is that the man’s death was in sight, and that the factor of causation
was therefore not satisfied.

The issue of causation can be an important one in
medical malpractice litigation, not only when there is a dispute about the proper test for causation
but also when there are multiple factors contributing to a patient’s
injuries. Â These multiple factors can potentially include not only
the actions of the physician, but also the actions or omissions of other
healthcare providers, as well as the patient’s own condition.Â

Another important factor with causation is the burden of proof. Establishing
causation in a medical malpractice case can be made more complicated by the
language that is sometimes used around the issue. Â For plaintiffs, the requirement in medical malpractice
litigation is to demonstrate that it is more likely than not that the
accused physician caused the plaintiff’s injuries. This is the
ordinary civil standard, and it is important that plaintiffs build their
case in a way that effectively maintains that burden of proof rather than
unintentionally increases it. Â

Of course, any medical malpractice plaintiff is going to have a better
shot at building a strong case if the plaintiff works with an experienced
and knowledgeable advocate. The first step, then, is to secure the right
advocate, and then build the strongest case possible.Â

Medical Malpractice

Jury: woman to receive $25.3 million in medical malpractice case

Sometimes a headline like the one above this blog post is misunderstood. People can see the dollar amount and think that the person has received a windfall, like winning the lottery. Of course, the reality is far different. The 53-year-old woman in this medical malpractice case lost all four of her limbs; both arms, both legs. All four were amputated because an undetected infection led to septic shock, which caused

Car Accidents

Honoring National Distracted Driving Awareness Month

April is National Distracted Driving Awareness Month. Some of our readers may believe that this month of observance is unnecessary. After all, numerous educational campaigns, technological innovations and local laws are already helping to curb the prevalence of distracted driving behavior. However, it is important to understand that distracted driving continues to kill a staggering number of Americans on an annual basis. Until this problem is significantly curbed, it will

Attorney Spotlight

Attorney Johnson Represents Infant Wrongful Death Case Against Mercy Hospital

The Case On December 20, 2018, Sam and Melanie Blair filed a wrongful death claim against Mercy Hospital Springfield, Mercy Clinic Springfield Communities, and Dr. Amr Nabaah. The couple claims that a doctor’s misdiagnosis is responsible for the death of their 9-month-old son, Charles “Charlie” Blair. Springfield News-Leader’s breaking news reporter Harrison Keegan reported on this incident, stating, “In the lawsuit, the Blairs say they took Charlie to Mercy’s emergency

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