Previously, we discussed why medical lawyers consult experts, and we said it's because medical experts are needed to decide whether or not there is a doctor malpractice. Now another reason medical attorneys consult a medical expert is to have the records studied by him or her to see if there is causation.
What is causation?
In doctor malpractice cases or medical lawsuits, it is usually not enough that the medical expert thinks the defendant doctor made a mistake or has been negligent in treating the patient.
Even if the expert thinks that the doctor made a mistake, this is usually not enough. Most (perhaps all) states require proof that the mistake which the doctor made actually harmed his patient. In other words, it boils down to whether the outcome would have been the same had the patient gotten good care. If the outcome would have been the same regardless of whether or not the doctor exercised due diligence, then there is no case.
To illustrate the point, let's say there has been a delay in diagnosing an advanced cancer. If the medical expert thinks that the a patient's treatment and/or chance survival wouldn't have been any different if the cancer had been discovered when it should have, then there is no doctor malpractice case, and no medical attorney will take a case such as this.
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