123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Medical Malpractice And Proximate Cause

Profile Picture
By Author: R. Klettke
Total Articles: 49
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

“It wasn’t my fault!” That sentiment may be the familiar response of a school-age child when something goes awry. But it is also the essential point that a defendant may try to make while facing a medical malpractice lawsuit, particularly when a number of people and institutions have 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 good 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 allied health professional staff. A patient receives inadequate ...
... attention because of this reduced staff, and then suffers brain damage because a respirator was improperly monitored. The principle of proximate cause lays blame on the hospital itself for failing 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, but due to an error at the hospital pharmacy (perhaps misreading the doctor’s handwritten prescription) the wrong medication was administered – and yet the wrong 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 still attributed to understaffing by the hospital.


Note that if, instead, the incorrect medication is found by the court (through expert testimony) to have contributed to the patient’s injury, the principle of contributory negligence could lay partial blame on the doctor and perhaps the pharmacy, along with the hospital.


How proximate cause affects a malpractice settlement


Under medical malpractice laws in California, as in most states, the originator of the medical error bears full or partial responsibility for compensating the victim.


When a qualified medical malpractice attorney is hired, a proper investigation to determine where to place blame will be conducted. Experienced attorneys know what to investigate, which party or parties are responsible and how they might construction their defense. This experience is crucial to achieving the best settlement. Due to a one-year statute of limitations, it is important to contact a personal injury lawyer as soon as possible after the injury occurs or is discovered.


R. Klettke is a freelance writer. He writes about personal injury and medical malpractice law and other matters of jurisprudence.


Important Advisory: This article is not intended to provide legal advice upon which you or anyone else should rely in making any decisions regarding the instituting or prosecuting of a legal claim. Laws and rules relating to the bringing of 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.

Total Views: 351Word Count: 540See All articles From Author

Add Comment

Legal Articles

1. The Benefits Of Hiring A Collective Bargaining Attorney In Nyc
Author: indexblogger

2. Interview Waiver For Us Visa Renewal - Everything You Need To Know
Author: Hardik Shah

3. Dui Lawyer Dinwidde Va
Author: Dui Lawyer Dinwidde VA

4. The Evolution Of Content Marketing For Law Firms: Trends And Innovations
Author: jamewilliams

5. Top 5 Reasons To Hire A Labor Lawyer In New York City
Author: indexblogger

6. Bail Lawyer In Cyber Crime Case – Advocate Deepak: Your Trusted Legal Expert
Author: Advocate Deepak

7. Best Cheque Bounce Lawyer In Delhi
Author: SACHIN KASHYAP

8. How Solar Companies Are Reshaping The Investment Landscape
Author: precize

9. Budgeting For Your Uk Business Trip: Visa Fees And Expenses
Author: The SmartMove2UK

10. How To Choose The Best Ssd Attorney Near Me For Success
Author: ADVAN

11. Common Mistakes To Avoid When Applying For A Sponsor Licence
Author: Amir hsuen

12. Insurance Attorney In Dubai
Author: The Law Reporters

13. The Psychology Of Persuasion In Legal Marketing: Influencing Client Behavior And Decisions
Author: jamewilliams

14. Your Gateway To Uk Business: Guide To Uk Business Visas
Author: SmartMove2UK

15. Iim Bangalore, Iit Madras Release Joint Report On India’s Evolving Startup Incubation Landscape
Author: Dev kumar

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: