What is the process for establishing causation in a medical device injury case?
In a medical device injury case, causation is established through a process known as “proximate causation.” This requires the plaintiff to demonstrate that their injury was caused by the medical device, and that their injury was a foreseeable consequence of their use of the device. The process of establishing causation in a medical device injury case can vary depending on the circumstances. Generally, the plaintiff must demonstrate the medical device was defective at the time of purchase and that a reasonable person would have foreseen the risk of injury associated with the defect. The plaintiff will also have to prove that the product’s defect existed before it caused the injury and that the injury was a direct result of the defect. In some cases, expert testimony may be required to establish causation. In California, expert testimony may be needed to prove a defect in the medical device, to establish that the defect caused the plaintiff’s injury, or to prove that the manufacturer of the device should have provided warning or instructions regarding its use. In addition to expert testimony, the plaintiff may need to provide medical records and other evidence to establish causation. This may include medical records of any previous injuries, as well as any test results that demonstrate the medical device malfunctioned in some way or caused the plaintiff’s injury. Ultimately, the court will determine if the plaintiff has presented sufficient evidence to establish causation.
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