Utilizing Causation (Medicolegal Issues)

Utilizing Causation (Medicolegal Issues)

The medical community is probably well aware of the importance of causation in health care liability claims. To establish recovery, the claimant must prove 1) the existence of a duty and the specifics of the duty; 2) breach of that duty by the health care provider; 3) resulting injury to the claimant; and 4) a reasonably close causal connection between the breach of duty in question and the claimant’s injuries (1). These last 2 elements constitute what is referred to as causation in a legal claim. Causation is of great concern to both sides of a lawsuit and is often one of the health care provider’s best defenses. If the claimant fails to establish causation, the health care provider will prevail. Given developing case law in the areas of causation and expert witness qualifications, we should not overlook this useful and potentially devastating defense. Health care provider defendants and expert witnesses should carefully consider causation issues in the claims in which they participate. CAUSATION BASICS

Utilizing Causation (Medicolegal Issues)

Utilizing Causation (Medicolegal Issues) | | 4.5