There are few things more devastating than medical malpractice. After all, we are putting our lives in the hands of physicians and other medical professionals in many instances. While the majority of medical professionals operate in good faith, coming across one who is trying to cut corners or just makes a fatal error is, well, possibly fatal in a literal sense. However, while there are many attempts to file medical malpractice cases, there are certain requirements that need to be in place in order for a case to be valid. Proximate cause is very important in medical malpractice cases. According to Findlaw, proximate cause determines whether or not the harm or injury caused to a patient would have occurred if not for the negligence of the medical professional involved.
Medical malpractice is a subset of negligence cases. In order for negligence to be considered “actionable,” that is, having the necessary parts to allow legal action, there have to be certain components present. The first two involve the concept of duty. There must be a duty of care owed to the victim, and that duty must have been breached.
The third requirement is proximate cause. Proximate cause is often the most challenging of the three components to prove in a court of law. In the instance where a patient has terminal cancer and no amount of competent care would have saved that patient from death, then proximate cause is missing in a potential malpractice case.
Establishing proximate cause is absolutely vital to a valid malpractice claim. This means that if you believe that you are a victim of medical malpractice it is important to take action as soon as possible in order to have the best chance of establishing it.
