We were recently asked to review a case in which the client had suffered a heart injury.
To be successful in Maryland for any type of injury case one must be able to prove certain elements.
In other words, causation is an essential element in your Maryland injury case.
Causation Is An Essential Element in Your Injury Case
These elements are duty, breach of duty, causation, and damages (damages in an injury case is the injury or harm done to you.
It is important that all of these elements are met because if any one of them is missing, your case will fail.
May Another Cause Exist?
In the case that we were asked to review, the medical experts and literature revealed that the cause of the this particular type of heart injury could be caused by other things.
For example, genetics could play a role in this type of heart injury.
Alcohol and drug use could also cause the heart injury.
At the end of the day, there was no way that we could actually link the actions of the treating doctor to the cause of the client’s injury.
As a result of this, we declined the case.
There has to be a way to link the actions of the doctor, hospital, or other medical professional to the injury.
If you cannot do this with your case then, as mentioned above, you run a good chance of not being able to prove your case to a jury or fact finder.
Good defense attorneys will also pick up on this issue and will file all of the necessary motions and challenge your case before it even gets to the jury or fact finder.
Have More Questions?
To learn more about this process, this is what we invite you to do if your matter happened in Maryland.
It costs you nothing to do this.
Pick up the phone and give us a call.
We can be reached at 301-850-4832.
We answer medical malpractice questions like yours all the time and we would be happy to listen to your story.