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Medical malpractice defense: What is a lack of causation?

On Behalf of | Nov 27, 2023 | Firm News |

Causation is one of the elements that must be proven in a medical malpractice claim. Usually, it’s not enough to show that the health care provider was negligent while discharging their duties for them to be legally held liable for any resulting damages. It must be proven that this negligence directly led to the patient’s injury or harm.

Lack of causation becomes a critical defense strategy when going against a medical malpractice claim. It challenges the crucial link between the health care provider’s negligence and the patient’s injury.

Navigating the complexities

Establishing a lack of causation requires a multifaceted approach that integrates legal and medical understanding. Sometimes, there is a fine line between the effects of a provider’s actions and other contributing factors to a patient’s injury.

What if a patient had pre-existing conditions or experienced unforeseen complications? What if there were concurrent health issues, alternative plausible causes for the harm suffered or failure to follow treatment instructions?

It’s all about demonstrating that while there might have been errors or deviations, they did not directly lead to the patient’s harm. Scrutinizing medical records, protocols and expert testimonies is essential to support this argument.

It’s easier said than done

The health care provider may prevail if a patient fails to prove causation in a medical malpractice claim. However, the intricate nature of such cases presents a significant challenge when untangling medical complexities to establish the absence of a direct causal link.

Seeking experienced legal guidance can help build your case, gather relevant evidence tailored to your situation and protect your rights. All these can go a long way in ensuring a more robust and well-founded defense.


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