Causation is a term many non-specialists aren’t familiar with. Medical negligence law can be a real challenge if you never had to deal with such things before. The legal process with medical malpractice simply cannot be handled without the legal assistance of a medical malpractice attorney.
If you suffered medical malpractice or have lost a loved one because of the improper work of a healthcare provider, you may be entitled to a compensation claim. To get this settlement, you will have to file a lawsuit and the process won’t just be finished overnight. Before you start it, make sure to consult with a New Mexico medical malpractice attorney.
When you decide to file a lawsuit for a compensation claim, you will have to prove that the medical care you got was not suitable and that it harmed your health even more. In case your loved one died because of medical malpractice, you should be able to prove that the healthcare provider did mistakes that claimed the life of your loved one. Without this, you can’t file for your claim.
Causation in a medical negligence case is proof that the negligence created an injury. The proof is known as establishing causation; you’ll need to apply the “material contribution” principle (real proof that the negligence caused more than a minimum contribution to your injury).
In case you had procedures and treatments, you should be aware that there is a potential risk of complications that can affect the outcomes. If you want to prove causation, you’ll have to show a “balance of probabilities” – potential reasons for your injury.
Let’s say a patient dies hours after a doctor examined them. The patient had severe symptoms such as stomach ache, vomiting and his death occurs because of poisoning. The doctor failed to treat the patient and he had a chance to save their life, which means causation was not proved and the claim, in this case, will fail.
Proving the Right Reason
If there is more than one potential cause of an injury, then it must be proved whether the injury was caused by the doctor’s negligence. Let’s take an example where the doctor failed to give the newborn proper care, and the baby gets ill, the parents can file a claim for medical negligence.
Such a case could give unwanted results; the defendant can prove that that the baby would have got the illness even if the doctor took good care of them. The illness occurred because of other factors. In such a case, it could be hard to find a real reason, and the claim will fail.
Novus Actus Interventions in Medical Negligence
Novus actus interventions in medical malpractice mean that an unforeseeable situation happened after medical negligence and it needs more interventions. Naturally, things will get complicated. This is also known as breaking the chain of causation; it means the defendant can’t hold responsibility even if it’s proved that their actions were truly negligent.
In case a patient’s leg isn’t treated, and the defendant admitted fault for the condition, things can turn around during the negotiation period if the patient injures their leg again (they may fall and break their leg). The fracture can make the injury worse, so the court will have even more complicated work to do.
They will have to evaluate whether the patient was careful and they will ask questions such as why they were walking if they knew their leg was not in a good state. In such a case, the causation gets broken, so the defendant won’t be guilty.
This sounds complicated and it is; this is why you need an attorney who has experience with such cases and knows how to deal with them. Also, dealing with a lost loved one that wasn’t saved by medical personnel can be devastating. Allow our team to review your case and advise you on the next steps. Such a case requires dedication, knowledge, time, and a skilled attorney.
If you are considering doing this by yourself, you are taking a huge risk. Dealing with medical bills, pain and suffering, potential permanent disability or loss potential for earning are things that you shouldn’t gamble with. The claim should cover all of these and allow you to continue with your life.
Our team at FBD Law knows how challenging things are when a victim who was supposed to get medical help, ended with worsened health. Call our office and schedule your first consultation. We’re here to help you and represent your case in court.