Proving Causation In A Medical Malpractice Case
In any medical malpractice case, it is necessary to prove that the standard of care was not met. Medical professionals and hospitals have a duty to their patients, and this involves following strict procedures and guidelines. A medical malpractice case is viable only if you can prove “causation,” or prove that the duty of care owed to you was not met. This can be done in a variety of ways, but it is often a contentious issue.
Medicine is an industry that requires many years of specialized training to understand it well, and therefore it can be difficult to explain how an injury was caused without having a medical background. A victim of medical malpractice may not be fully aware of the causation of his or her injuries, which is why it is so important to consult with a medical malpractice attorney with significant experience in this area of the law. Schedule a consultation at our Chicago office to discuss the causation of your case today.
As with any personal injury case, it is necessary to prove that someone’s negligence or carelessness caused your injury. In a medical malpractice case, this proof can be detailed and specialized and require consultation and support from an expert witness in the medical community. Our firm has been working with trusted experts in the field for many years, and we will use that extensive network to help get you the evidence you need to win your case.
Proof in a civil suit like this does not have to be “beyond a reasonable doubt” like it does in a criminal case, but we do have to prove by a “preponderance of evidence” that your injury was caused by poor care.
The defendant may try to prove that your injuries were not caused by him or her, but by another source such as a pre-existing condition, that they were related to your original illness or that you were negligent in seeking care for your injury. There are many possible defenses, but we have seen them all and will be more than prepared for them.
Making It Plain
In some cases, medical malpractice is obvious: If a patient had the wrong surgery or surgery that he or she never consented to or if a medical instrument is left inside the body, the medical negligence is clear and no expert testimony is necessary. Most cases, however, require special knowledge and experience to ensure a successful outcome. Issues of causation can be tumultuous, so trust your matter to a firm with the resources to bolster your case. Call our Chicago personal injury lawyers at (312) 781-1977 to get started.