What is causation in a birth injury case?
Causation is a legal concept that applies to birth injury cases in California. In these cases, causation is defined as the connection between an injury and the negligent act of a doctor or other medical professional that caused the injury. In order to prove causation in a birth injury case, the injured party must demonstrate both but-for causation and proximate cause. But-for causation requires that the injury would not have occurred “but for” the negligent act of the doctor or medical professional. Proximate cause requires that the doctor or medical professional’s negligent act was an immediate and foreseeable cause of the injury. In California, causation is often established with expert testimony. An experienced medical expert can help determine if there is a clear connection between the negligent act of the doctor or medical professional and the injury suffered. The expert testimony typically centers on the standard of care required in a given situation and how the doctor or medical professional failed to meet that standard. While the burden of proof rests on the injured party and their legal team, causation can be difficult to prove. If causation is proven, however, the injured party may be able to seek financial compensation from the doctor or medical professional responsible for the injury.
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