Proving Causation in a Medical Malpractice LawsuitJune 27, 2019
Medical malpractice lawsuits typically occur when a medical professional fails to provide the accepted standard of care, causing harm to the patient, either in the form of an injury or an illness. For the patient to reach a successful settlement, proving causation in a medical malpractice case can be difficult. A skilled medical malpractice lawyer can review your case and recommend the best legal course of action.
To establish that a health care provider deviated from the standard of care, medical experts must first establish what the standard of care is for the patient’s medical condition. Once this has been determined, the team of experts will decide if the care provided by the medical professional fell below the standard. The patient must then prove that the substandard care is what caused their injury or illness. Unfortunately, this is not a simple task.
Why Establishing Causation is Difficult
In some cases, it can be difficult to prove that a negative medical outcome was caused by the negligence of a physician or other medical provider. For example, when a patient is admitted to the hospital for a surgical procedure, it is understood that there are certain risks associated with surgery of any kind, even when the procedure meets the accepted standard of care. If a surgeon leaves a surgical instrument inside the patient or makes another blatant medical error, proving causation is more straightforward. However, proving that a bad surgical outcome was caused by negligence can be tricky.
Another example is if a doctor provides a delayed diagnosis, which causes a patient’s illness to progress. The patient would need to prove that the misdiagnosis or delayed diagnosis caused the illness to worsen. However, this is often difficult to establish, particularly when dealing with a disease like cancer, which can involve a range of complex treatment options. Depending on the type of cancer, it may have a high mortality rate.
Finally, orthopedic injuries may not always heal properly, which can cause pain, discomfort, and other physical limitations, even if the physician’s treatment of the injury met the standard of care. Proving that a negative outcome was directly caused by negligence can be very difficult because complications can occur that have nothing to do with negligence.
Baltimore Medical Malpractice Lawyers at LeViness, Tolzman & Hamilton Obtain Compensation for Victims of Medical Negligence
If your health was compromised while under the care of a medical professional, do not hesitate to contact the Baltimore medical malpractice lawyers at LeViness, Tolzman & Hamilton as soon as possible. If we determine that the medical professional responsible for your care was negligent in any way, we will hold that person liable for your injuries. Our dedicated team will secure the maximum financial compensation you deserve. To schedule a free, confidential consultation, call us today at 800-547-4LAW (4529) or contact us online.
Our offices are located in Baltimore, Columbia, Glen Burnie, and Towson, allowing us to represent medical malpractice victims in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.