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A medical professional may have been negligent in providing care to a patient, but sometimes that negligence is not the cause of the injury suffered by a patient. Because the law requires a connection between fault and injury, not all instances of medical malpractice allow for an award of damages. Determining causation in medical malpractice cases often is very complicated and usually requires the assistance of expert witnesses. Expert witnesses are usually required in medical malpractice cases to establish the standard of medical care in the geographical area or in the area of medical specialty at issue. In addition, expert testimony is required to establish that the malpractice caused the patient's injuries, unless the cause is obvious to a layperson, such as where a wrong arm is amputated or similar error. In many cases, the cause of injury is less clear, and can be spread
among many health care providers. For example, a patient may be treated
by a number of doctors, nurses, and medical technicians in the course
of a hospital stay. Determining which of these practitioners may have
been negligent, and how that negligence may have caused a patient's injury,
can be extremely complex. The first doctor may have incorrectly diagnosed
a patient, but a subsequent doctor may have been negligent in failing
to correct the diagnosis. A subsequent series of mishaps in the operating
room, each by a different technician, may require naming each technician
as a defendant because each mishap contributed to the injury. Additional
injury may have been caused by the use of a defective medical device or
drug, or the negligence of an operating room doctor. In such cases, experts
are needed to determine the cause of injury in light of the unfortunate
sequence of events. |
Not Certified by the Texas Board of Legal Specialization The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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