Proximate Cause an Issue in Virginia Medical Malpractice Case
A recent case heard by the Circuit Court of the City of Hampton, Virginia reiterates how important it is that the plaintiff shows that the defendant’s negligent actions were a proximate cause of the injuries. The defense in Howell v. Sobhan, moved to have the case struck because they argued that it “did not prove proximate cause.”
When it comes to medical malpractice cases, the burden is on the plaintiff to prove that the medical provider violated the standard of care and that this negligence was a proximate cause of the plaintiff’s injury. In the Howell v. Sobhan case, the judge threw out the claim because the plaintiff wasn’t able to show that the defendant’s actions were the proximate cause of injury. A judge has the authority to throw out a medical malpractice case if he or she finds that a reasonable person could not interpret the evidence in favor of the plaintiff.
The Circuit Court ended up ruling that the judge’s actions were improper and the proximate cause was not completely apparent. Basically, the ruling means that a reasonable person could reach a different conclusion regarding the proximate cause of injury. The question of proximate cause will therefore be left up to the jury in a new trial.