New Trial Ordered In Case Against Hampton, Virginia Surgeon
In medical malpractice cases it is the responsibility of the plaintiff to prove that the defendant violated the applicable standard of care and that the negligent acts were a proximate cause of the injury. In the recent case of Howell v. Sobhan, heard in the Circuit Court of the City of Hampton, Virginia, a judge threw out the plaintiff's case after the defense moved to have it struck because it "did not prove proximate cause." Unable to prove proximate cause the case was lost. Judges have the ability to throw out a med mal case when they find that reasonable people could not construe the evidence in a manner in favor of the plaintiff.
The Circuit Court ruled today that the judges actions were improper and that the issue of proximate cause was not entirely clear. Meaning that reasonable people could come to different conclusions as to whether or not the doctors actions were the proximate cause of the injuries. Thus, the question is one for the jury and the court remanded the case for a new trial.
Goes to show just how fragile medical malpractice cases are... Don't let yours get wrecked under similar circumstances.
Here's the courts opinion remanding this Hampton, Virginia medical malpractice case.