There are four elements of a strong medical malpractice case that you and your attorney must sufficiently prove: duty, breach, causation, and damages. In layman’s terms, that means you must prove that your doctor had a duty to take care of you and that they breached that duty by behaving recklessly. Then, you have to show the court that the doctor’s actions or inactions were the direct cause of your illness and that your health was damaged as a direct result.
Of those four components, causation is often the hardest element to prove in court. But why is that? Let’s look more closely at what causation means in a court of law.
What Is the “But For” Test?
To prove causation, you and your attorney must pass the “but for” test. Essentially, you have to make a solid case that your injury or illness would not have occurred at all but for the defendant’s recklessness. For example, if you’re suing your obstetrician for your baby’s birth injury, you have to prove that your child would be perfectly healthy if not for the obstetrician’s negligence.
Material Contributions
Another challenge you and your Idaho attorney may encounter in court is the material contribution test. This means you’ll need to prove that your doctor’s negligence or recklessness materially contributed to the actual injury. Proving that your doctor’s actions simply increased your risk of illness or injury isn’t enough.
Connecting Cause To Effect
Ultimately, causation is so difficult to prove because illnesses and injuries can have a number of underlying causes—and not all of them are tied to negligence. If you wish to prove that your doctor’s delayed diagnosis actively worsened your condition, you’ll need medical experts to weed out other potential causes. Because the human body and the healthcare system are both so complex, connecting a doctor’s actions to a specific negative outcome can be tricky and time-consuming.
If you are finding causation a difficult element to prove in your medical malpractice case, you’re not alone. Illnesses, injuries, and various medical complications have a variety of potential underlying causes, and negligence is not to blame for them all. Partner with a malpractice attorney from Rossman Law Group to help you strengthen your case and present valuable evidence to the court.
