Understanding the Crucial Role of Causation in a Medical Malpractice Lawsuit
Medical malpractice occurs when a healthcare provider fails to meet the standards of care typically expected when treating a patient. When a patient is harmed by a medical provider's negligence or lack of care, they can pursue financial compensation by filing a medical malpractice claim. Demonstration of cause is crucial for a favorable outcome in a legal proceeding.
Causation
In legal language, causation is the correlation between an incident and its repercussions. The act or procedure brings about the result.
In a personal injury lawsuit, it is crucial to establish causation, which requires more than merely demonstrating the defendant's negligence. The complainant's injuries must have been caused by negligence. The concept of causation can be defined as evidencing negligence, and it is imperative to establish it using two distinct methods.
Due to the intricacies involved, it is imperative to collaborate with a seasoned legal counsel proficient in comprehending both facets of causality. The definition of causation comprises two distinct aspects.
The term "cause-in-fact" refers to the causal relationship between an action or event and a subsequent result.
Proximate cause is the direct relationship between a particular act or omission and the resulting harm or injury.
Actual vs. Proximate Cause
The actual cause, usually called "cause in fact," is simple. The concept of causation-in-fact, commonly known as factual causation or actual cause, pertains to a case's concrete evidence or factual basis that substantiates an individual's responsibility for the harm, damages, or losses incurred by another party.
Proximate cause refers to a "legal cause," or the one the court has determined to be the main reason for the harm. It might not be the absolute last thing that happens before an injury occurs, nor might it be the initial thing that started a chain of events that led to the injury. Instead, it was a decision that naturally led to predictable results without outside help. Put another way; the plaintiff must demonstrate that the harm was a natural and immediate result.
Four Essential Elements to Prove Causation?
There was a duty of care established.
Breach of care obligation.
Damage, harm, or death resulted from a duty of care violation.
The plaintiff sustained these harms and losses.
Expert witnesses are frequently sought to provide a professional assessment according to the results of a personal injury investigation.
If you’re uncertain about the causation requirement in your medical malpractice lawsuit, contact us for a free case review with a knowledgeable attorney.
We have served the Lexington, KY, area for over 20+ years. With a deep knowledge of the law, top negotiating skills, and decades of trial experience, our Lexington-based legal team at Regard Law Group, PLLC, is here to help. Contact our office to schedule an initial consultation or get more information about our services. We're available on the phone 24/7.