If a doctor or hospital makes a mistake, that in itself is not enough to receive compensation.
You must be able to prove that your damage is actually the result of that mistake. In legal terms, this is called the causal link.
In this blog we explain what causal link exactly means, how judges assess this, which evidentiary problems often occur in medical errors and what you can do to preserve your rights.
What does causal link mean?
Causal link literally means: causal link.
It is the legal link between the doctor's error and the damage you have suffered.
There is a right to compensation only if the two can be linked.
For example:
A doctor forgets to remove a medical instrument during an operation and you get an infection as a result. → There is a clear causal relationship.
A diagnosis is made too late, which means that treatment starts later and recovery becomes more difficult. → There may be a causal connection, but that is less easy to establish.
In medical liability cases, it is precisely that proof that is often the biggest challenge.
Who has to prove the connection?
In principle, the burden of proof lies with the patient.
This means that you must prove that your damage is the result of a medical error.
However, this is not always the case. black and white.
The judge takes into account the special position of the patient: he or she does not have access to all medical data and usually does not have the same knowledge as a doctor.
That is why in medical liability law there is sometimes a lighter burden of proof for patients.
If it is plausible that the damage probably was caused by the error, the judge can still assume the causal connection.
How does the judge assess causality? connection?
The judge examines whether it is plausible that the error caused the damage.
That does not always have to be proven with complete certainty.
This includes looking at:
the nature of the error (for example an incorrect action, incorrect diagnosis or missed check-up);
the medical consequences that are typically associated with that error;
the time between the error and the occurrence of the damage;
any other possible causes.
The stronger the connection between the error and the injury, the greater the chance that the causal connection will be assumed.
Reduced chance of recovery: also damage
Sometimes it cannot be determined with certainty that the error caused the damage, but it is possible that the error has a chance of recovery reduced.
There may also be a right to compensation in those cases.
For example:
Due to a missed diagnosis, treatment is only started months later. The chance of full recovery has therefore become smaller.
A patient is given the wrong medication, which worsens the original disease.
In such situations, there is often talk of a loss of a chance of recovery or a more favorable course.
The compensation is then determined in proportion to the missed opportunity.
Evidence of causal connection: medical substantiation is crucial
In the case of medical liability, the evidence almost always revolves around medical data.
That is why it is important to:
Request the complete medical file from the hospital or the treating doctor.
Carefully document all complaints, examinations and treatments.
Engage a medical advisor who can assess whether the error is likely to have led to the damage.
More You can read about this in our blog Medical file: access, copy and correction.
Expert report: the key to evidence
In many medical liability cases, an independent expert investigation is carried out.
Such an expert (usually a medical specialist) assesses whether the doctor's actions were careful and whether there is a connection between the error and the injury.
The judge attaches great importance to this expert report.
If it states that the damage was probably caused by the medical error, this is often decisive for the outcome of the case.
What if the cause is unclear remains?
In some cases it cannot be determined with certainty whether the error caused the damage.
The judge may still decide to compensate the patient if there is a good chance that the error played a relevant role.
A common example:
A patient develops a complication after an operation that could have arisen without error.
However, if the doctor has violated a medical standard (for example by insufficient aftercare), the judge will rule that the error has in any case contributed to the damage.
In that case, the causal link is partly assumed, which leads to partial compensation.
Practical tips for proving a causal link
Request your medical file immediately - you are entitled to it.
Note down all information from the start complaints and limitations that you experience.
Save medical correspondence (emails, appointments, research reports).
Have a medical advisor think about the medical cause and connection.
Consult a specialized lawyer before submitting a claim - this will prevent you from missing evidence or deadlines.
Schulpen">Arslan Lawyers we combine legal expertise with medical experience.
We ensure that your case is fully substantiated, that the evidence is collected on time and that you receive the maximum compensation to which you are entitled.
Our assistance is free of charge for victims, because the costs are recovered from the liable party.
Why choose Arslan Lawyers?
Specialized in medical liability and personal injury
Experience with complex evidentiary and causality issues
Close collaboration with medical advisors and specialists
Free legal assistance for victims
We ensure that your story is heard and that the medical error does not go unpunished.