Medical Malpractice Claims.
One of the difficult things about a medical malpractice claim is the complex cause-and-effect issues. Of course it is clear to you that a mistake was made and hurt you or a loved one. But to win a malpractice case in court you have to prove a great deal. There are elements of the case that have to proved in open court and you need evidence on each point. One such point is the complex issues involving proving the cause of an injury. A recent Court of Appeals case highlighted this problem.
The case involved a medical malpractice case in which an individual goes to the emergency room complaining of abdominal pain, a history of nausea, and dry heaving. The radiologist looked at the CT scans and issued a report never made available to the surgeon. The patient then died at the hospital. The widow filed a medical malpractice action. The court declared the plaintiff must show not only a breach of the standard of care but also provide evidence there was a failure to pursue a treatment that would have saved the patient. Then the plaintiff had to tie failing to pursue that approach to the breach of standard of care. The plaintiff in that case was unable to tie together the loose ends resulting in the case being kicked out of court. Each of these points must be proved usually by experts in the medical industry.
This essay just talks about one issue that of cause. There are many such elements in a lawsuit and legal claim. You are not alone. When you or a loved one needs help sorting through these complex issues give us a call. We have offices in Topeka and Lenexa where we can meet but you can just call us to get started. One of our friendly lawyers will be happy to chat. Here’s our contact information. In Topeka call 785-273-4330 or in the Lenexa area call (913) 228-3882.