The Front OfficeProximate causation
Section snippets
Background
In malpractice suits the plaintiff must prove that the defendant had a duty to adhere to a particular standard of care, that this duty was breached, and that the breach was the direct or proximate cause of the plaintiff’s injuries. Proximate causation refers to that which produces an event in the natural, continuous sequence of things and without which the event would not occur. Proximate cause is determined based on the facts of the case plus logical thinking, common sense, justice, policy,
Proof
In medical malpractice cases, to prove proximate cause by a preponderance of the evidence, one uses the testimony of an expert witness. Such an individual is seen to possess specialized knowledge beyond what an average layperson would have. The expert bases testimony on his or her specialized knowledge or experience and training to present to the jury a realistic assessment of the likelihood that the defendant’s negligence caused the injury. The expert is required to state the basis for his or
Analysis
In a malpractice suit the side with the most ammunition wins. The plaintiff has the injury and expert witnesses. The defendant has expert witnesses and records, including well-kept, clear, legible written documents, good-quality radiographs, comprehensive clinical examinations, models, stage photographs throughout the period of treatment, and posttreatment records. There should be chart notations of every time the patient did not follow instructions, cancelled appointments, or not worn
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Jerrold L: Possibility, probability, and causation: A study of proximate causation. Am J Orthod Dentofacial Orthop 145:836-838, 2014
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