When a patient pursues a medical malpractice lawsuit, the law places the burden on the victim to prove that their medical provider deviated from the standard of care and caused harm. Showing that the doctor or medical professional breached the duty of care can be straightforward but proving that the act of negligence was the factual cause of harm is another matter. Learn more about causation, and contact the medical malpractice lawyers at Cardaro & Peek to assist you with your case.
Types of Causation
There are two types of causation in medical malpractice cases: actual cause and proximate cause. The actual cause is also known as the “cause in fact” of an injury. Actual cause states that if it had not happened, the injury or harm would not have occurred. Many courts turn to the “substantial factor” test when determining the actual case. Did the doctor’s negligence materially contribute to the injury? If so, actual cause can be proven.
Proximate cause is known as the “legal cause” of the case. Proximate cause exists when the injury is the foreseeable result of the doctor’s negligence. In medical malpractice cases, the proximate cause is most often established through the use of expert testimony.
The Difficulty of Establishing Causation
Depending on the medical malpractice case, proving causation can present a variety of hurdles. For example, if a doctor provides a delayed diagnosis, and the patient’s illness progresses; as a result, the patient needs to prove that the misdiagnosis caused the illness to worsen. In other cases, such as when a surgeon leaves an instrument inside of a patient, proving causation is an easier task.
The difficulty of establishing causation is exactly why it’s important to work with an experienced, aggressive attorney in the Baltimore, Maryland area.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.