Medical Malpractice and Causation

Medical malpractice is a type of injury that falls under the umbrella of personal injury law. It occurs when a healthcare provider – a hospital, doctor, nurse, technician or similar party – is negligent and the patient is harmed. Negligence is established by showing that the healthcare provider did not meet the standard of care that would have been met by others in his or her community of healthcare providers.

Recently, researchers from Johns Hopkins University published a comprehensive study showing that approximately 250,000 deaths per year are caused by medical malpractice. This means that medical malpractice is the third leading cause of death in the United States.

According to Physician’s Thrive advisory group, for the period 2014 through 2023, Florida had the third largest medical malpractice payouts of all 50 states, with a total payout of $3.1 billion. By contrast, New York had the highest payout of $6.3 billion, while North Dakota had the lowest payout over the ten-year period of $24.9 million.

Elements of a Medical Malpractice Case

To prevail in a medical malpractice case, a plaintiff must prove four elements. First, the plaintiff must show that there was a duty of care to the plaintiff by the healthcare provider. In most cases, this can be shown by establishing that there was a doctor-patient relationship.

Second, the plaintiff must show that the duty of care was breached through an error in diagnosing, treating or managing an illness or disease. This is proven by qualified medical experts attesting to the fact that the level of care provided by the medical practitioner did not meet the required standard of care. The medical standard of care is at the heart of negligence.

Third, the plaintiff must show that the negligence, or the breach of the duty of care, was the proximate cause of the plaintiff’s injury. This is the most difficult element of a medical malpractice case and is discussed in more detail below. 

And fourth, the plaintiff must show that the injury is compensable. This means the plaintiff has suffered actual damages and that the harm is not de minimis.

The Difficulty in Proving Causation

The third element that must be proven to prevail in a medical malpractice case – that negligence was the proximate cause of the plaintiff’s injury – is often very difficult to prove. The first test is that the plaintiff must first show that but for the negligence of the medical provider, there would have been no injury. The second test is known as ‘proximate cause.” Proximate cause means that the injury was a foreseeable result of the healthcare provider’s actions. That is, the injury was a natural consequence of the breach of the duty of care.

Proving causation in a medical malpractice case is also often difficult because medical malpractice cases often involve extensive medical evidence, including expert testimony, lab results, treatment records, and diagnostic tests. Connecting the dots and understanding how these different pieces of evidence interrelate —and whether negligence was involved —is a complex process.

Contact Haliczer Pettis & Schwamm

The Fort Lauderdale and Orlando medical malpractice attorneys at Haliczer Pettis & Schwamm understand the intricacies involved in linking a healthcare provider’s actions to the harm caused. We utilize the institutional knowledge of our in-house nurse paralegals and our extensive network of medical experts to provide an integrated approach when representing our clients. If you believe that you or a loved one has suffered from medical malpractice, contact us today for a free consultation.