What is causation in a birth injury case?
Causation is a legal concept used in birth injury cases in Washington. It is applied to determine if the defendant’s conduct caused the harm the plaintiff is seeking damages for. In order for a plaintiff to prove causation and be successful in a birth injury case, the plaintiff must prove two elements: (1) causation-in-fact and (2) legal causation. Causation-in-fact is the first element a plaintiff needs to prove to establish causation. This element requires that the defendant’s conduct was the actual cause of the injury or harm to the plaintiff. When determining causation-in-fact, the court considers the “but-for” test, which focuses on whether the harm would have still occurred “but for” the defendant’s action. The second element, legal causation, requires that the plaintiff prove that the defendant’s conduct was the legal cause of the plaintiff’s injury or harm. This element considers whether the defendant’s conduct was a “substantial factor” in the plaintiff’s injury or harm. Overall, causation is an essential element in birth injury cases in Washington that must be established in order for a plaintiff to be successful in a case. It requires the plaintiff to prove both causation-in-fact and legal causation. Without this proof, the plaintiff’s case will likely fail.
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