Did the doctor really cause your injury? This statement is one that can be overlooked by individuals who contact me. One reason being is that the caller suffered a serious injury in many cases and they know that they were in the care of a doctor at the time. For them that is all that is needed.
The main purpose of this Maryland medical malpractice educational article is to help you understand how to prove a medical malpractice case. Even though there are four elements, we are going to focus on element three, causation. If this element is missing then you are going to have a hard time proving your case.
DID THE DOCTOR REALLY CAUSE YOUR INJURY?
Did the doctor really cause your injury? As I stated above, many people think that because their injury happened while they were in the care of a doctor it must be the doctor’s fault. This can be far from the truth.
Causation is the third element in the negligence analysis in Maryland. The other elements are as follows:
- DUTY
- BREACH OF THE DUTY
- CAUSATION
- DAMAGES (Harm/Injury done to you)
What causation means is that you have to essentially tie your injury to something your doctor did or failed to do for you. As I stated earlier, if you fail to make this connection then your case will not be successful.
HERE IS A SIMPLE EXAMPLE
Let us say that a person is having a surgery to remove their gallbladder. Based on the patient’s history and prior work up everything is okay for the surgery. During the surgery the patient dies and an autopsy is performed. The autopsy revealed that the patient had an event happen in the brain and this was the underlying cause of the patient’s death.
If this family decides to move forward with a medical malpractice case can you see the possible problems? Remember, in the example, the doctor took a proper history and performed the tests necessary before the surgery. There was nothing present which would have told the doctors the patient was having an issue in the brain. In other words, tying the patient’s death to the doctor’s performance of the gallbladder removal is going to be a challenge.
DO YOU WANT TO SPEAK WITH ME ABOUT THE CAUSE OF YOUR INJURY?
Did the doctor really cause your injury? To have me help you get a better understanding of the cause of your injury, this is what I invite you to do. Pick up the phone and give me a call. The call costs you nothing. I can be reached at: 301-850-4832.
I answer Maryland medical malpractice and wrongful death questions like yours all of the time and I would be happy to listen to your story.
Marcus B. Boston, Esq.
2 Wisconsin Circle
Suite 700
Chevy Chase, Maryland 20815
