What evidence must I present in order to prove causation in a medical malpractice claim?
In order to prove causation in a medical malpractice claim in California, you must present evidence that the medical professional’s negligent act or omission caused your injury. You must be able to show that the medical professional’s act or failure to act caused your injuries, rather than other factors. To do so, you must demonstrate a causal link between the medical negligence and the injury. The primary evidence you must present is expert testimony. Expert testimony is the opinion of a medical professional who has been trained to recognize and explain how medical negligence caused your injury. The expert must be able to explain how the negligent act or omission caused your injury and how it was a substantial factor in the injury. In addition to expert testimony, you must also present evidence of your medical condition before and after the medical negligence. This helps to prove the extent of your injury and how the medical negligence caused the injury. Lastly, you must present evidence that shows you suffered damages because of the medical negligence. This might include evidence of bills, appointment records, medical records, and other documents that can demonstrate the impact the medical negligence had on you. All of this evidence helps to show that the negligent act or omission was the cause of your injuries, rather than some other factor.
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