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Determining Whether Medical Causation Is Established

By H. Thomas Watson

To prove medical malpractice liability, the plaintiff must establish through competent expert testimony that, to a reasonable degree of medical probability, his or her injury was caused by the defendant's negligence. To have evidentiary weight, an expert's medical causation opinion must be supported by an adequate foundation demonstrating why the expert is reasonably certain that probable cause exists. What does this standard of proof mean, and how can we gain a better understanding of statistical analysis help to determine when the standard for proving medical causation has, and has not, been met?

'Medical Certainty' Versus 'Probable Causation'

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