“It wasn’t my fault!” That sentiment may be the familiar response of a school-age squirt when something goes awry. But it is too the essential point that a defendant may try to form while facing a medical malpractice lawsuit, particularly during a number of people and institutions experience some connection to the injury. The legal principle is “proximate fault”, meaning the responsible party had some role in causing a medical injury. While it sounds and is a complex affair to sort out, personal injury attorneys who specialize in medical malpractice cases (also called a “medical malpractice lawyer”) are very probity at sorting out and assigning blame.
Sometimes the protestation holds true, and sometimes it does not. Proximate cause is about a chain reaction, where Party A does something that affects Party B that in turn adversely affects Party C. A case in point might be when a hospital, in a cost-cutting move, reduces the size of its nursing and other connected nutritious professional staff. A patient receives inadequate attention that of this reduced staff, also then suffers wits damage because a respirator was improperly monitored. The principle of proximate cause lays blame on the hospital itself for weakness to provide services required by the standard of care.
Proximate cause can also prove innocence. This happens when a mistake is made but which had no bearing on the injury. For example, if a doctor prescribed a medication to that patient, just due to an error at the hospital pharmacy (perhaps misreading the doctor’s handwritten prescription) the wrong medication was administered – and yet the iniquitous medication had no ill effect on the patient. Through testimony of an expert medical witness, the disconnection between the doctor and patient, and pharmacy and patient, can be made. The accident might however attributed to understaffing nearby the hospital.
Scale that if, instead, the incorrect medication is gather by the court (through expert testimony) to have contributed to the patient’s injury, the principle concerning contributory negligence could lay partial blamable on the doctor and perhaps the pharmacy, along with the hospital.
How proximate cause affects a carelessness settlement
Under medical malpractice laws in California, as in most states, the innovator regarding the medical error bears capacious or partial responsibility for compensating the victim.
When a certified medical malpractice attorney is hired, a proper investigation to determine where to situate blame will be conducted. Experienced attorneys know what to investigate, which party or parties are responsible and how they invincible construction their defense. This experience is crucial to achieving the best settlement. Due to a one-year enactment of limitations, it is important to contact a personal injury lawyer as soon as possible past the injury occurs or is discovered.
R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law connective different matters of jurisprudence.
Important Advisory: This article is not intended to provide legal advice about which you or anyone else should confide in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing like a claim vary widely from state to state. You should always contact a personal injury attorney to obtain information as to the rules and the laws pertaining to any claim you might have.