Causation -- Another Key Element in a Successful Georgia Medical Malpractice Case
Is causation clear in your medical malpractice case?
At the Dover Law Firm, we receive calls from potential clients who have a laundry list of how they were mistreated by their doctors, nurses and hospitals. Frequently, the list of complaints is disturbing and reflects a genuine lack of concern for the patient. Just as frequently, however, the complaints about treatment have no bearing on the injuries that are alleged, or the connection between care and injury is very vague and unclear.
For a Georgia medical malpractice case to prevail in court, the connection between the negligent act and the injury must be very clear, and more likely than not, the proximate cause of injury. A temporal relationship between events, for example, does not prove causation. If you came into a hospital for gall bladder surgery and had a heart attack while you were in the hospital, it may not be anyone’s fault (or it may be).
In a wrongful death action, not performing an autopsy can make determining the cause of death extremely difficult. Only a good attorney can tell you if causation is clear.