Res Ipsa Loquitur

If a patient is injured as the result of a medical procedure, but does not know exactly what caused his or her injury, but it is an injury that would not have occurred without negligence by a health care provider, the plaintiff might be able to invoke the legal...

Cause In Fact

There are two types of causation: actual cause (cause-in-fact) and proximate cause. The defendant’s actions are the cause-in-fact of the plaintiff’s injury if the plaintiff would not have been injured “but for” the defendant’s wrongful act, or if the plaintiff’s...

Why Would You Need an Expert?

Posted by Richard Shallcross Why Would You Need an Expert? Because of the complexity of the subject matter of medical malpractice cases, it is generally held that the plaintiff must rely on expert testimony to support causation. Most medical issues are not within the...

Preponderance of the evidence

Posted by Richard Shallcross In medical malpractice cases, the burden is on the plaintiff to establish, by a preponderance of the evidence, that the defendant was the cause of the plaintiff’s injury. This simply means that the plaintiff must prove that it was more...
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