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Causation an important issue in medical malpractice litigation

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In our last post, we began speaking about a medical malpractice case in
which the family of a man who died of cancer is suing a physician who
failed to detect the presence of cancer. The family is claiming that the
physician’s negligence meets the causation requirement because
the man lost the opportunity to receive treatment that would have likely
extended his life a number of months. On the defense side, the argument
is that the man’s death was in sight, and that the factor of causation
was therefore not satisfied.

The issue of causation can be an important one in
medical malpractice litigation, not only when there is a dispute about the proper test for causation
but also when there are multiple factors contributing to a patient’s
injuries. Â These multiple factors can potentially include not only
the actions of the physician, but also the actions or omissions of other
healthcare providers, as well as the patient’s own condition.Â

Another important factor with causation is the burden of proof. Establishing
causation in a medical malpractice case can be made more complicated by the
language that is sometimes used around the issue. Â For plaintiffs, the requirement in medical malpractice
litigation is to demonstrate that it is more likely than not that the
accused physician caused the plaintiff’s injuries. This is the
ordinary civil standard, and it is important that plaintiffs build their
case in a way that effectively maintains that burden of proof rather than
unintentionally increases it. Â

Of course, any medical malpractice plaintiff is going to have a better
shot at building a strong case if the plaintiff works with an experienced
and knowledgeable advocate. The first step, then, is to secure the right
advocate, and then build the strongest case possible.Â

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Car Accidents

Man killed roadside while helping grandson

Grandparents not only share wisdom earned over their years, but most important, they show their love. A Missouri grandfather was recently helping his teenage grandson with a troublesome car when tragedy struck. The 64-year-old grandfather was killed in a car accident as he sat in his vehicle with his grandson on Missouri 152, about 160 miles north of Joplin. The pair was sitting roadside in Parkville, with the vehicle’s flashers

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Attorney Spotlight

Missouri Personal Injury Attorney Scott J. Vorhees: Top 10 Client Satisfaction

Congratulations to Attorney Scott J. Vorhees on receiving a “10 Best in Missouri for Client Satisfaction” award from the American Institute of Personal Injury Attorneys! Each year, the American Institute of Personal Injury Attorneys (AIOPIA) recognizes the top lawyers in each state for their excellence in providing service and support to injury victims. Attorneys can be nominated for “10 Best” award consideration by other lawyers and clients, or identified through

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Medical Malpractice

Who Can You File a Lawsuit Against for a Dangerous Drug?

The market for prescription medication has expanded dramatically over the past few decades. In fact, according to the Centers for Disease Control and Prevention (CDC), nearly half of all Americans use at least one prescription drug every month. The CDC study also reported this number increased nearly 11% from 1988 to 2012. As the use of medications continues to rise, the danger for hazardous drugs and harmful side effects may

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