#ch.071

[every-kakashi]

[itsmangacap]

HANAZAKARI NO KIMITACHI E 花ざかりの君たちへ —  ch.071 ⌊ 1996 - 2004 | nakajo hisaya ⌉  

[he-cate]

ch.071

[bush-viper-cutie]

“Retrieving the Cloak” || YEAR 3 – Ch.34 (HP au)

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Day posted: 12/11/2020

Word count: 3, 071

Relationship: EVENTUAL severus X oc (slow burn)

Rating: E for everyone

Warnings: none

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A/N: This is my first fan fic I’m writing mainly as a way to practice. This is a retelling of the hp books with an inserted character. Although most every character will be written about, this is mostly for the pro snape fandom. Please do not fear, although this is a severus x oc story, it is an incredibly slow burn as I do not intend for them to get together at all until after the final book events. Chapters will be posted twice a week.

This derivative work follows the events of the Harry Potter books by Jk Rowling and is intended as a fun way to practice my writing. Thank you for reading :D

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Heather, Harry, Ron, and Hermione stood gaping down at Cornelius Fudge and the man they guessed was the executioner as they waited for Buckbeak’s appeal.

Fudge dabbed at his sweaty forehead with his cloak and looked around, quickly spotting Harry. “Ah! Harry! Hello there!” His eyes shifted to look at Heather. “Ah, Mrs. Heather Potter, very nice to finally meet you! Come down, come down.” He motioned them towards him.

The four of them slowly descended the stairs and stopped to his left, far away from the black-hooded man.

“Hello,” Heather whispered.

“I suspect you’ve all just had an exam?” He raised his eyebrows and waited as they nodded their heads. “I remember those. Pesky things indeed, aren’t they?”

Harry and Ron nodded as the four of them slowly took steps back. Heather could imagine what it must feel like in Harry’s head right now. First Fudge gets Harry completely off the hook for blowing up their aunt, then – unbeknownst to himself – spills painful information about their father and Sirius black, and now he was the one being sent to help execute poor Buckbeak.  

“Harry, Heather, I do want to let you know we’re doing everything in our power to catch that Sirius Black. So don’t you two worry – or at least not for much longer. He’ll be in our grasps any day now.“ He smiled at them, attempting a look of reassurance before casting his gaze out beyond the open castle doors. “Lovely day. I’ve always loved the colors in the hours before sunset… The pinks, the oranges… Ah, pity. Real pity.”

Heather did her best not to glare at him. How could he be admiring the loveliness of the day, hours before Buckbeak’s… It wasn’t right. She rolled her eyes as the Minister of Magic sighed deeply.

Fudge shook his head and looked down at Harry. “Unfortunately I’m here on an unpleasant mission for the Committee for the Disposal of Dangerous Creatures. They require a witness to the execution of a mad hippogriff and I just happened to be scheduled to visit your Headmaster.”

“It won’t be unpleasant if the hippogriff gets off. Then you won’t have to witness an execution at all,” Ron said stoutly.

The man with the large blade pulled back his hood and growled lowly, running a large finger along the blade. They stepped back and headed down passed the Great Hall and behind the large columns.

Ron pounded his fists on the stone. “We’ve got to do something!”

“And fast.” Hermione looked at Harry and waited for him to say something.

Harry turned to Heather. “Any ideas? We’ve lost the cloak and there’s no way we can get it back with Snape and Filch guarding it. And if we can’t get it back, we can’t leave.”

Heather huffed and looked around, thinking. “Well… Who says Snape’s guarding it now? It’s dinner time, he must be inside eating.”

Ron smiled. “You’re right! Let’s go get it right now!” He turned and walked out from behind the column.

Heather caught his robe sleeve and stopped him just as Professor Dumbledore exited the Great Hall in front of them and met up with Fudge.

“Let us leave the unpleasantness for last.”

Fudge nodded and followed Professor Dumbledore up the Entrance Hall stairs out of sight.

“We need a plan, Ron!” They rejoined the others and Heather leaned in. “Here’s my idea. Harry, Ron, you two go into the Great Hall and sit for dinner like every night. If Snape’s not there, come out and catch up to Hermione and me.”

“And if he IS there?”

Heather sighed. “Then both of you stay and act normal. Don’t rush, or he’ll get suspicious.”

Harry frowned. “And what’ll you two do?”

“We’ll get the cloak.”

Ron scoffed. “You and Hermione?”

“Well we get in trouble the least. If we aren’t there for dinner, then we’d be studying, now wouldn’t we?” Hermione smiled at Ron’s undecipherable grumbles.

“Come on then. Dessert better be extra good.” Ron pulled Harry along with him.

Heather and Hermione headed up to the third floor, looking before every corner, careful not to get caught. They made it to the third floor undetected, walked down several corridors, and stopped at the corner before the one where the one-eyed-witch sat.

“Look over,” Heather whispered, crouching down next to Hermione.

Hermione nodded and peered around the corner, jumping back quickly. “It’s Mrs. Norris!” she hissed. “What do we do?”

Heather looked around and spotted a thin brown spider hanging from a suit of armor. “I’ll distract her and get her to chase me up the stairs as far as I can. You hide behind there and when Mrs. Norris is out of sight go to the statue and say ‘Dissendium’ to get it to open up. The cloak’s in the tunnel near the entrance, you won’t have to go far.”

Hermione nodded.

Heather looked at the spider. It was sitting still on its web when an invisible forced plucked it clean off and levitated it down to several inches above the floor. It kicked its many legs as if fighting to be let down but to no avail. Heather kept her eyes on the spider like she’d done a great many times during potions, and ever so slowly the spider moved along the air and around the corner. Heather squinted as the spider seemed to shrink as it neared Mrs. Norris.

Mrs. Norris was laying on the stone, waving her tail lazily through the dust, as the wriggling spider came into view. Instantly, Mrs. Norris’ ears perked and she was on her feet, ready to attack the creature that had crept into her line of sight.

Mrs. Norris pounced, and the spider dashed forward.

She stuck her rear in the air and wiggled, adjusting her paws ever so slightly, and pounced once more, this time going after the spider as it flew through the air and up the stairs.

Heather wiped away beads of sweat as she climbed the stairs like a crab, trying to keep out of eye sight of Mrs. Norris as she led her up, stair case after stair case. She gasped, unable to keep the spider up in the air any longer. The spider dropped, dashing quickly up the wall where Mrs. Norris caught it between her paws, pressing them closed to make sure the creature could not escape.

Heather stood and climbed the few steps up to the fifth floor and walked down the corridor towards the other set of stairs leading back down. She turned the corner and bumped into a very prickly mass.

“OH, my dear,” Professor Trelawney gripped Heather’s shoulders to stabilize herself. “You didn’t see me!”

How could she have if she’d only just turned the corner? “Sorry, Professor. I didn’t expect you there.”

“I didn’t expect myself here either, but when I Saw that today’s dessert was Blued Sugar cakes I knew it was a Sign – see they’re my favorite – ”

“Of course,” Heather interrupted and walked around her. “It’s always so fascinating how the Signs speak to us.”

“Indeed.” Professor Trelawney smiled and turned to leave, halting mid-spin. “How is your brother? He must be so upset over his exam results. So adamant about his Sight skills – ”

Heather frowned. “Why would he be upset? What did he see in the crystal ball?”

Professor Trelawney shook her head. “Poor thing kept insisting he didn’t see that hippogriff lose its head. It can be so hard to know one will never have the Gift”

“Hagrid’s appeal hasn’t happened yet. Buckbeak could get off – ”

Professor Trelawney interrupted her with a hand placed heavily on her shoulder. “Beguiling is the bliss of those unaware of time’s abounding cyclic flow of past present and future...”

Heather bit her tongue as Professor Trelawney condescendingly patted her wool wrapped chest with her bead covered hands. Heather nodded and pulled away, but Professor Trelawney’s hand stayed gripping her shoulder.

Heather looked at her and saw her small smile had dropped and she was now staring blankly at her. “Professor – Ow!” Heather reached for Professor Trelawney’s thin hand before her nails could dig into her skin any further.

“It Will Happen Tonight.”

Heather’s head snapped up as a harsh voice escaped from Professor Trelawney’s lips. “What?”

Professor Trelawney’s eyes started to roll as her grip on Heather’s shoulder increased. She jerked her head back and stretched her neck out before snapping back to look at Heather who was stuck horrified to her spot.

She spoke again in the same raspy voice as before. “The Dark Lord Lies Alone And Friendless, Abandoned By His Followers. His Servant Has Been Chained These Twelve Years. Tonight, Before Midnight . . . The Servant Will Break Free And Set Out To Rejoin His Master. The Dark Lord Will Rise Again With His Servant’s Aid, Greater And More Terrible Than Ever Before. Tonight . . . Before Midnight . . . The Servant . . . Will Set Out . . . To Rejoin . . . His . . . Master . . .”

Heather kept holding her breath, unsure if she was finished.

Professor Trelawney stood still for several more seconds before suddenly sneezing into her wooly shawl. “The dust in this castle –  ” She looked at Heather as if just noticing her. “My dear… you look ill.”

“I-I think… you were-you were in the Beyond and – ”

She laughed and finally let go of Heather’s shoulder. “I would know if I was in the Beyond, dear girl. It is not something one blinks into,” she laughed. “Now… I must get to those cakes.” She turned and shuffled around the corner.

Heather massaged her shoulder as she walked down the stairs and did her best to keep from trembling violently.

The Dark Lord will rise again? Voldemort? His servant… “Sirius Black,” she whispered. Sirius Black will get back to Voldemort tonight! Heather’s eyes widened. She bolted down the stairs and ran to Professor Lupin’s classroom door.

“Professor!” She smacked the door with her open hand. “Professor Lupin! Please!”

After a minute, the door creaked open and Professor Lupin’s darkened eyes look down at her. “Heather? What is it?”

“May I enter? There’s something very import – ”

“I’m not feeling well – ”

“Please!” Heather stood, catching her breath as Professor Lupin looked at the state of her.

He opened the door further and stepped aside. Heather marched inside and noticed it was not just the classroom that was shrouded in darkness. Not a single candle could be seen beyond his open office door, not even the fireplace.

She turned and watched as he lit several candles in the back. He looked sickly gray in the candlelight, with sunken eyes and clothes that seemed to hang off his shoulders.

He watched her take him in and sighed through his nose. “How can I help?”

She looked away and calmed herself before speaking. “Sirius black is going to go back to Voldemort – ”

“Don’t use – ”

“Tonight!” she finished. “That’s why it’s been so calm here! That’s why they haven’t caught him yet!”

He put his hands up. “Heather – ”

“No, listen – He’s been tricking the Ministry! They’re looking for him here because of the attacks but that only allowed him to freely search for the Dark Lord! And he’ll find him tonight!”

“Heather – Heather – Where are you pulling this from?” He dropped his hands and smirked. “The Dark Lord’s dead and gone thanks to Harry – and you of course.”

“But Professor Trelawney – ”

“Ah.” He pressed a weak finger to his smile. “Heather. I can assure you she can’t See much farther than the end of her nose. She – she told me to practice tighter embraces to avoid death. I’d call her unhinged if I didn’t suspect she puts on the theatrics in order to stay cooped up in that stuffy nest of hers.”

Heather looked down at her hands, taking in what he was saying. She supposed, being a Defense Against the Dark Arts teacher, Professor Lupin would know how truly likely it all was. He didn’t seem the least bit concerned. Perhaps Sirius Black really wasn’t half way across the continent and was instead just waiting in the shadows nearby, ready to strike. Was that better?

She sighed and looked up. “I suppose… You could be right.”

“I am.” He smiled. “Now, I think I should get back to grading.”

Heather nodded and walked out of the classroom, hearing the door close shut behind her. She stopped at a stone bench and sat, closing her eyes shut. Professor Lupin was right. Professor Trelawney was a kook and no amount of Grims or Dark Lords could prove otherwise.

She headed down to the Great Hall and saw Hermione had joined Harry and Ron. Heather sat at the very end of the Slytherin table next to some second-years and ate the Blued Sugar cakes in silence, trying to calm her racing thoughts.

As the Blued Sugar cakes were emptied from their platters, house after house left the Great Hall and headed to their houses. Heather kept her eyes on Harry and followed several steps behind into a deserted chamber off the Entrance Hall.

The four of them waited in silence as the last few footsteps could be heard and a door slammed shut in the distance.

“Let’s go,” Harry whispered.

They all ducked under the cloak, awkwardly shuffled out of the room, waddled across the hall, squeezed through the entrance doors, and tiptoed down the stone stairs onto the grounds. They kept the cloak on the whole way, as the sun was only starting to dip beyond the tree line and they would be perfectly visible on the grassy hills without it.

They reached Hagrid’s hut and knocked under the cloak, hoping Fudge wasn’t there yet. He was a few minutes in answering, and eventually poked his red puffy face out and sighed, knowing full well what was going on.

“It’s us!” Harry hissed.

“I know. An’ I told yeh not to come!” He stood back and let them through.

Hagrid shut the door quickly and they threw off the cloak. He wasn’t crying, nor was he trembling or throwing himself onto Harry and Ron. He looked given up and hopeless, which was far, far worse to see than tears and snot.

“Oh Hagrid… Where’s Buckbeak?” Hermione asked, looking around.

“Took him out behind. Tethered him tuh me pumpkin patch so he can enjoy the trees an’ sky b… before – ” He fell onto one of his chairs and reached a trembling hand for his jug of milk, shaking it so violently it spilled on the table on its way to his lips.

Hermione pulled a rag from a drawer and started cleaning up the spilled milk. “It’s alright Hagrid, the appeal – ”

“It won’t matter.” Hagrid dropped his head to his chest and squeezed his eyes with his fingers.

Ron shook his head and shooked Hagrid’s arm. “That’s not true! We heard Dumbledore and it seemed he would join them when they came down! Dumbledore would help you – they HAVE to listen to him – ”

“Dumbledore’s got no power ter overrule the Committee. Malfoy’s set their minds. Threatened them good. The executioner, Macnair? He’s an old pal o’ Malfoy’s…” Hagrid sniffed. “It’ll be clean though… Quick… an’ I’ll be righ’ there next tuh Beaky…” Hagrid swallowed. “Dumbledore wrote to me… he’s coming down ter be with me while – while it happens… Great man, Dumbledore… I even prepared a long speech fer the appeal to – to give Beaky more time.” He blinked quickly and looked around at the ceiling.

“We’ll stay too,” Hermione sobbed.

“No, no.” Hagrid shook his woolly hair. “Yur to go back up tur the castle. I’m not lettin’ yeh watch… not even fer me. An’ yeh shouldn’t be down ‘ere anyway… Harry, Heather, yeh’ll both be in big trouble if Fudge an’ Dumbledore catch yeh – an’ all of yeh – out without permission. ESPECIALLY this close before nightfall.”

Ron wiped away his tears and Harry sniffed. Heather hugged the silvery cloak tight and looked at Hermione who was trying her best to keep from breaking down crying.

“I-I’ll make us some tea and then – and then we’ll go.” She found Hagrid’s kettle and started filling it with water when something squeaked from inside. Hermione looked in and gasped. “I don’t believe it! Ron! Look, it’s Scabbers!”

Ron shook his head and took the kettle from her hands, pouring it onto the table. Sure enough, the rat tumbled out and tried clawing its way back into the dented copper kettle.

“Scabbers! There you are! What are you doing all the way out here?” Ron scooped him up and held him to his chest, avoiding eye contact with Hermione.

Heather glanced at Harry and back at the rat in Ron’s hand. “Are you sure that thing’s Scabbers?”

Ron held the struggling rat up to the light. It was thin all over with a round belly like it had swallowed a ball and had large missing tufts of hair all over leaving red patches of dry skin showing.

“It’s ok Scabbers! There’re no cats here, nothing to hurt you!” Ron pinned Scabber’s little arms down and held him, rocking him back and forth as soothingly as possible.

Hermione crossed her arms. “Is there anything you’d like to say to me Ron?” She glared.

Ron looked over at her. “Yeah. Apologize to Scabbers for letting your cat scare him all the way up here. Look at the state of him!”

“Oh, you’re asking ME to apologize – ?”

Hagrid stood suddenly, staring out the window, his red puffy face had gone pale and rigid with worry.

“They’re comin’… They’re comin’ down righ’ now!” he hissed, looking over at them.

The four of them turned and watched Professor Dumbledore coming down the castle steps in the distance, talking and pointing and motioning over the grounds. Fudge and Macnair slowly trailed a few feet behind as they tried their best to navigate the pebbly downhill path from the castle.

A purple darkness was slowly seeping out from behind the castle, mixing with the orange pink of the sky. It was like doom followed the group of men as they neared. Heather fought tears, hoping for this not to be Buckbeak’s last sunset.

They looked at each other, tears brimming and reflecting the dying day.

~~~ * ~~~ * ~~~ * ~~~ * ~~~

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[everykuma]

071 - ch 484

[buidinhninh]

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[every-kakashi]

[itsmangacap]

HANAZAKARI NO KIMITACHI E 花ざかりの君たちへ —  ch.071 ⌊ 1996 - 2004 | nakajo hisaya ⌉  

[he-cate]

ch.071

[everything-iced]

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[sunnydaleherald]

The Sunnydale Herald Newsletter, Tuesday, June 2 - Wednesday, June 3

XANDER: And a big Sunnydale round of applause for Tito the Amazing, plumber extraordinaire. TARA: So how's everything looking down there? XANDER: Like we should start gathering up two of every animal. TITO: Basically, your pipes are shot. I mean, the whole system's gonna have to be replaced. What you need is a full copper re-pipe job. WILLOW: Full copper re-pipe? That sounds potentially pricey. TITO: Well, if you have any questions, our number's on the invoice. DAWN: That's a weird phone number. Oh, wait. (to Xander) Is that the bill?

~~Flooded (Season 6)~~

[Drabbles & Short Fiction]

Confused (Buffy/Angel, T) by badly_knitted

A Dream Come True (Buffy/Spike, T) by Ajmilone

Snow White and the Seven Scoobies (Buffy/Spike, T) by Ajmilone

Once Upon A Time (Descent Remix) () by missyvortexdv (Purpleyin), Purpleyin

Buffy/Faith Song Drabbles (Buffy/Faith, T) by Vic2Fic

The Long Term (Wesley/Angel, E) by Helen Raven (helenraven)

An Act of Faith (Faith, Xander, unrated, MCU xover) by lateVMlover

Olivia the Vampire Slayer (First Slayer, M, Fringe xover) by phouka

[Chaptered Fiction]

Walker of Night Part 13 (Spike/Xander, T) by madimpossibledreamer

The Girl With the Weight of the World in Her Hands (Buffy, G) by Lesbian_Valkyrie

Kungai Ch. 1-5/6 (Wesley/Gunn, E) by Helen Raven (helenraven)

Sanctuary Ch. 49 (Buffy, E, Anita Blake xover) by jezaeiri

The Other Side of the Stars Ch. 29 (Buffy, E, SG1 xover) by jezaeiri

Unbonded (Ensemble, T) by mmooch

Teen Slayer: Welcome to the Nemetom Ch. 42 (Buffy, T, Teen Wolf xover) by Kittykitkat

A Legacy of Chaos: A Ship of the Line Story Ch. 5 (Xander, M, SG1/EVE xover) by ajw

More Grimm Tails, Chapter 12 (Buffy/Spike, M) by Twinkles

More Than A Crush, Chapter 7 (Buffy/Spike, M) by all_choseny

It Must Be Tuesday, Chapter 5 (Buffy/Spike, M) by Safire

Detention (v.2), Chapter 17 & 18 (Buffy/Spike, E) by Frillyria

Spuffy Loves Luci, Chapter 1 (Buffy/Spike, T) by MissLuci

A Kind Of Magic, Chapter 2 (Buffy/Spike, E) by Miss Marisol

Beneath the Surface, Chapter 8 (Buffy/Spike, E) by The Danish Bird

These Violent Delights, Chapter 9 (Buffy/Spike, E) by Touchstoneaf

The U in Robot, Chapter 10 (Buffy/Spike, E) by Girlytek

Screw Loose, Screwed Up, and Just Plain Screwed, Chapter 4 (Buffy/Spike, E) by sweetprincipale

Fool me Once, Chapter 11 (Buffy/Spike, E) by Miss Marisol

[Images, Audio & Video]

Artwork:out for a walk…bitch () by kankan138

Artwork:Buffy tattoo () by respectfullyyourinkisbad

[Reviews & Recaps]

PODCAST: 106 RVS: Life Serial S6 E5 by Revisiting Sunnydale

PODCAST: 071 - Girl of the Year (S04E15) by Buffy Boys

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PUBLICATION: Rewatching Buffy – Episode 131 Never Leave Me by Confusing Middle

PUBLICATION: Buffy: Every Generation #1 Review: A Fascinating World in Need of a Better First Impression by Comicbook.com

[Fandom Discussions]

honestly, i always really liked that spike got a soul. by impalementation

official list of buffy episode titles that people often write incorrectly in a way that changes their meaning by impalementation

Thin Dead Line 20 years later by Btvs fan

Vampire Society by burrunjor

Discussion of 3.13 "The Zeppo" by Multiple Authors

Discussion of 3.17 "Enemies" by Multiple Authors

'Story by' credit in the Jossverse by Synch

Watching the HD Version by Priceless

What would be a secondary character you would want to become a main character? by Tau5x

giles and ethan by number1angels

Something that’s always bugged me about Buffy... by Lord_Parbr

Seeing Red by iohk_

New person to the show by Happywerido16

Anya in The Body by phoebephile

Every episode after ‘Offspring’ gives me severe anxiety. by sergiox507

The destruction of Giles’ character by purplemackem

Buffy comics? by alxx11

Cheerleading episode in Season 1 using Mortal Kombat theme?! by DetectiveWaffle

Buffy/Psych parallels? by handsopen

I am very annoyed at the way Buffy and Willow treat Faith in s4. Anyone else feels this way? by howyouspeak

Spike and Darla by Knicks1986

Buffy: Season 7 by katevgreat

Miss Kitty Fantastico in the dorms? by hippodignity

Comics? by natnatram

Harsh Light of Day by LegsMcGlasses

S5E10 Into the Woods by GothicPyro

Revisiting my teenage years and a revelation by elicaaaash

What does she do with the communion wafers? by lacicat

Suffering through the beginning of AtS S4 and... by StarCrysisOC

First sighting of Veruca - season 4 spoiler by coldbloodedjelydonut

Buffy: "Raise your hand if eww" -- and Willow doesn't by maedocc

Cordelia's Deconstruction already started in season 3! by speashasha

Rewatching BTVS and I can't help but wonder, is Angel hot... by e______ok

Anya - continuity error with her amulet by Kate66957

Buffy: Every Generation Comic Discussion by DemonDogstar

Watching Buffy is a great way to see the change from 90s to 00s culture by MarshallBanana_

Unpopular opinion but... by LilyyZara

Comics update: Looks like BOOM! is rereleasing material from the Dark Horse series? by elliest_5

early season 3 is infuriating by salvbitch

LET’S GET A NEW BUFFY VIDEOGAME!!! by tipsytyler

Discussion of "A revamped Buffy could rectify the original Slayer's problem with race" by BabysInBlack

1st time I watched this 90's TV classic in ~10yrs and I got a cross-series nostalgia double whammy! by ShurikenUK

I just want to take a moment to say that I appreciate this fan base. by Fly_Sistas

[Articles, Interviews, and Other News]

PODCAST: 'Killing Eve' Says Out Loud What 'Buffy' Never Could About Catastrophic Queer Desire by Lindsay King-Miller

PUBLICATION: Demons, death and dynamite dialogue: the 20 best episodes of Buffy the Vampire Slayer by The Guardian

PUBLICATION: Buffy The Vampire Slayer: 5 Times It Proved To Be The Best Vampire Series (& 5 Times It Fell Short) by Screen Rant

PUBLICATION: The 10 Best Buffy The Vampire Slayer Episodes, Ranked by Cinema Blend

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Using Experts to Establish Proximate Cause in Medical Malpractice Cases

“Proximate cause,” on its face, seems like a pretty straight forward concept. In medical malpractice lawsuits, the question of proximate cause, and whether the plaintiff can provide the jury with the necessary facts to support proximate cause, is critical. In order to establish proximate cause, the question, “What event, (or, as is often the case in medical malpractice cases, the absence of an event) caused the chain of events that lead to the undesirable outcome?” In medical malpractice cases, this is most often established through the use of expert testimony.

Depending on the jurisdiction[1], it is possible the plaintiff will be required to file an affidavit of merit either simultaneously with the filing of the suit, or shortly thereafter. This affidavit, typically signed by a medical professional, but sometimes signed by the lawyer as well, asserts, among other things, a nexus between the injury sustained by the plaintiff and the failure to follow the requisite standard of care by someone who owes a duty.

The Three Pillars

In every medical malpractice case, the plaintiff must establish:

—A duty of care between caregiver and patient

—An injury

—The caregiver’s failure to provide care to the level expected of a reasonable medical professional treating such a patient caused the injury (proximate cause)

Medical malpractice claims are complicated, because in many cases, a team of professionals contributes to the care of the patient. Every hospital case involves doctors, nurses, specialists, and others providing care. Miscommunications can occur both in hospital settings and during outpatient care. A missed email alerting a physician about an abnormal pap smear, a non-specific but abnormal finding on an X-Ray that is observed but not followed up on, are just a few of the types of opportunities for professional teams to somehow drop the ball, and potentially cause an injury down the line.

Challenging the Assertion that the Information Would Not Have Changed the Course of Treatment

In cases involving a team of caregivers, often the defense asserts in response they would not have acted any differently in their approach or level of care, even if they had known about the incident which later led to an injury or death. Some courts have found this “breaks the chain of causation,” if the proper conveyance of information would not have changed the approach.

However, this is perhaps one of the times when an expert is most needed. An expert can offer information to the fact finder about the relevant standard of care and, in the right case, establish a reasonable medical professional would indeed have changed course, if they knew of the abnormal finding.

Challenging the Assertion that Deviation from the Standard of Care Did Not Change the Course of Treatment

In some cases, the defendants may admit the deviation in the standard of care, but still defend the suit, arguing the deviation was of no consequence in the scheme of things. For example, consider a case wherein a doctor fails to identify a lump in a patient’s breast or fails to recognize it as cancerous. Imagine 8 months after the initial opportunity to identify the lump, the cancer is discovered. The patient, due to family history and other factors, has a mastectomy. If the treatment for the lump, given the family history, would have been a mastectomy even if found at the earliest opportunity, the defendants will argue the failure to diagnose in a timely fashion was not the proximate cause of the injury (the mastectomy).

This, too, is a case wherein having an expert qualified to testify about alternate treatments and the standard of care is critical to the plaintiff’s case. With this type of case, there is no question the medical professionals failed to diagnose properly and in a timely fashion. Nonetheless, without an expert witness to tie the cause of the injury to the professionals’ failure, the case is lost.

Res Ipsa Loquitur – The Thing Speaks for Itself

There are some cases where, arguably, one would not need an expert to explain to the jury why something rises to the level of medical malpractice. For example, if a medical instrument, such as a clamp or a sponge, is left inside a patient following surgery, most people would agree this is evidence someone on the medical team was negligent. Surgical instruments and materials should be removed from a patient prior to closing the incision. Expert testimony is permitted under the Federal Rules when the expert’s “scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact at issue.” Fed. R. Ev. 702. Does a jury really need assistance in understanding the evidence in such a case?

Leaving a sponge inside a person post surgery is not the only example of a time where one might, strategically, choose not to call an expert. Other situations where the evidence speaks for itself include situations where:

The precise cause of the injury is unknown

Said injury wouldn’t occur without the absence of negligence

The injured person was not responsible for the sustained injury

Medical personnel were in exclusive control of the instrumentality which caused the injury

There is no other cause for the injury

Sometimes, attorneys choose not to call an expert as a cost saving measure. However, they then run the risk of leaving 12 jurors to their own devices, speculating as to whether a sponge left inside a person was, indeed the proximate cause of a subsequent infection. Even when things may appear obvious, the use of an expert may be a good idea. The alternative is to risk a directed verdict for the defendant, or a runaway jury speculating about medical issues.

Experts and Proximate Cause

Because proximate cause is a fundamental element of any medical malpractice case, expert testimony should be considered in every case. The approach the expert takes may vary a bit, based on the defense presented. However, the fundamental facts – that injury was caused by the caregiver’s failure – remain constant.

[1] The following state statutes govern the submission of an affidavit of merit, also referred to in some states as a certificate of merit, in some form or another: Ariz. Rev. Stat. Ann. §12-2603; Colo. Rev. Stat. §13-20-602; Conn. Gen. Stat. §52-190a; Del. Code Ann. tit. 18, §6853; Fla. Stat. §766.104; Ga. Code §9-11-9.1; Hawaii Rev. Stat. §671-12.5; Ill. Rev. Stat. ch. 735, §5/2-622; Md. Courts & Judicial Proceedings Code Ann. §3-2A-04; Mich. Comp. Laws §600.2912d; Minn. Stat. §145.682; Miss. Code Ann. §11-1-58; Mo. Rev. Stat. §538.225; Nev. Rev. Stat. §41A.071; N.J. Rev. Stat. §2A:53A-27; N.Y. Civil Practice & Rules Law §3012-a; N.D. Cent. Code §28-01-46; Ohio R. Civ. P. 10; Okla. Stat. tit. 12, §19.1; Pa. R. Civ. P. 1042.3; S.C. Code Ann. §15-36-100; Tenn. Code Ann. §29-26-122; Tex. Civil Practices & Remedies Code Ann. §74.351; Utah Code Ann. §78B-3-423; Vt. Stat. Ann. tit. 12, §1042; Va. Code §8.01-20.1; Wash. Rev. Code §7.70.150; W. Va. Code §55-7B-6; Wyo. Stat. §9-2-151.

  The post Using Experts to Establish Proximate Cause in Medical Malpractice Cases appeared first on The Expert Institute.

Using Experts to Establish Proximate Cause in Medical Malpractice Cases published first on https://medium.com/@SanAntonioAttorney

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