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Causation an important issue in medical malpractice litigation

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

Car Accidents

Five Tips for Driving Safely on a Road Trip

There may be no better way to see the states than to hop in a car and hit the road. When you are planning your next big trip, whether you are heading one state over or across the country, it is important to stay safe. You never know what you may find out on the open road. Below our blog discusses five tips for road trips to help you arrive

Firm News

Circles Joplin Receives $18,000 in Donations

Local organizers teamed up to raise roughly $18,000 in donations to help Circles Joplin. JOMO Adventures, SNC Squared, and the Joplin Elks Lodge all raised donation funds that will go towards the local non-profit. Circles Joplin is a locally based, non-profit community program. With Circles Joplin, people are able to support one another through friendship and fellowship to help make life better for the whole community. Our attorney, Scott Vorhees,

Medical Malpractice

Is medical malpractice litigation a viable option for me? P.3

We’ve been speaking in our last couple posts on the issue of when medical malpractice may or may not be a viable option when a patient is harmed by a doctor in the course of treatment. As we’ve noted, there are a variety of factors that go into determining whether medical malpractice litigation is a wise course of action. We’ve also spoken a bit about some of the factors relating

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