There are two critical factors we look for in every case: (1) was the nursing home / hospital / doctor negligent; and (2) did THAT negligence cause the injuries or death?
Why is Causation Necessary?
Usually families who contact us are pretty sure the defendant was negligent—they didn’t provide timely or adequate care under the circumstances.
But you might be surprised to learn negligence is not enough.
Think of it this way. When someone cuts you off in traffic, there’s a moment where anything might happen. Maybe you react quickly enough and avoid a crash. Maybe not. Either way, it was their fault, and you have every right to be angry.
But if you avoid the crash, you can’t file a lawsuit. Because you avoided the negligence—their bad driving—causing you injuries.
When a nursing home or hospital is negligent, you have every right to be angry. But if we cannot prove that negligence caused the injury or death at issue, you do not have a case. This is called “causation”
How Do We Prove Causation?
Once we have a handle on the negligence—what the nursing home, hospital, or doctor did wrong—the question is, how do we prove causation: that the negligence caused the injury or death? We prove causation through expert medical testimony: what doctors and nurses testify caused the injury or death.
We often can use the coroner or medical examiner’s findings and testimony as part of this process. If the death certificate lists the cause of death as determined by the coroner, that is a presumptive cause of death.
We also interview witnesses from family, friends, and third parties. This can include the nursing home former employees or staff, although there are limitations on speaking with current employees.
Sometimes the medicine is clear. For example:
- Head trauma leading to brain bleeds;
- Falls with broken bones leading to decline and death;
- Bedsores (or “pressure ulcers”) leading to infection, sepsis, decline, or death;
- Malnutrition or dehydration leading to hypernatremia, organ failure, or death;
- Understaffing leading to falls, bedsores, malnutrition, choking, etc.
- Poor supervision of dysphagia or swallow-risk residents dying from choking; and
- Unsupervised residents at risk of wandering being able to elope or leave from the facility.
By reviewing medical records, obtaining witness statements, consulting with experts, interviewing current or former employees, and understanding the medicine behind relevant conditions, we can establish a causation case when negligence causes injury or death.
Our Team
Attorney William Eadie
I am a trial lawyer who helps families hurt by caregiver carelessness–such as nursing homes and hospitals–and hold the wrongdoers accountable. I understand how the business of medicine can harm people, when corporations put their own profits ahead of providing quality care. . . keep reading]Attorney Michael Hill
I am a trial attorney who takes on hospitals and other medical corporations when they choose to put their own profits ahead of their patient’s safety. My practice is focused on medical negligence and wrongful death, primarily delayed diagnosis and treatment of heart attacks and strokes, as well as birth injuries. . . keep reading Do you have questions about a possible Nursing Home Abuse and Neglect case? Click below to start an investigation with us. We'll help you get answers.
Our No Fear Guarantee
Our No Fear Guarantee 
You’ve probably seen the lawyer ads: “No Fee Guarantee!” “No Fees if We Don’t Win!”
Guess what? That’s true for just about any plaintiff’s lawyer. It’s what a “contingency fee” means. It doesn’t mean they’ll work hard. Or get a good result for you. It doesn’t mean much at all.
What we promise you is a NO FEAR guarantee.
What does that mean? For 99% of our clients, a medical injury caused by negligence is new. The medical malpractice lawsuit process is new. Depositions, discovery, trial . . . everything is new.
New can be scary. Especially when it involves having to testify under oath.
We’ve developed systems that let you address and move past the fear. Through education and information about the process. Role-playing and other preparation techniques. We empower you to be fearless. Because this process is hard enough.
Let Us Start Investigating Your Case
It's easy. No cost or commitment.
Our No Fear Guarantee
You’ve probably seen the lawyer ads: “No Fee Guarantee!” “No Fees if We Don’t Win!”
Guess what? That’s true for just about any plaintiff’s lawyer. It’s what a “contingency fee” means. It doesn’t mean they’ll work hard. Or get a good result for you. It doesn’t mean much at all.
What we promise you is a NO FEAR guarantee.
What does that mean? For 99% of our clients, a medical injury caused by negligence is new. The medical malpractice lawsuit process is new. Depositions, discovery, trial . . . everything is new.
New can be scary. Especially when it involves having to testify under oath.
We’ve developed systems that let you address and move past the fear. Through education and information about the process. Role-playing and other preparation techniques. We empower you to be fearless. Because this process is hard enough.
