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5 Cards in this Set
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- Back
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How can Plaintiff avoid Summary Judgment on the "causation" prong?
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P must produce
- "some evidence" -linking the professional negligence - to the injury complaint of - to a REASONABLE DEGREE - of MEDICAL PROBABILITY/CERTAINTY (note: ≠ "possibility") |
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True or False:
If an expert does not use the words "reasonable degree of medical certainty" - in the affidavit or deposition --> the Plaintiff has not proved "Causation" and loses on Summary Judgment. |
False.
No "magic words" required. Req't is only that Expert Believes the accused Dr. is negligent. |
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HYPO:
Expert says "the injury MAY be the result of negligence". Is this enough "causation" evidence to prove "medical probability/certainty"? |
No.
"may" ≠ "probability" |
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True or False:
The CPA 9.1 Affidavit requires an expert to include a "causation" opinion |
No. The filing affidavit only requires an opinion regarding "Negligence"
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True or False:
Because the filing affidavit does not require a "causation" opinion, plaintiff needs no expert at all on "causation" to survive D's MSJ. |
False.
P needs "some evidence" to establish causation, most likely from an expert. |
