What evidence must I present in order to prove causation in a medical malpractice claim?
In a medical malpractice claim in Virginia, evidence of causation must be proven to successfully argue your case. Causation must be established to prove a doctor’s or medical professional’s liability to the patient. To prove causation, evidence must demonstrate that the medical professional’s actions were the cause of the injury or wrongful death. In Virginia, two types of causation must be established to prove a medical malpractice claim: actual cause and proximate cause. Actual cause requires proving that the medical professional’s action was an actual cause of the injury or wrongful death. This is established by presenting evidence to demonstrate that the medical professional’s action was more likely than not the cause of the injury or death. Proximate cause requires proving that the injury or death was a foreseeable consequence of the medical professional’s action. Furthermore, in Virginia, expert testimony from a qualified medical doctor is typically required to prove causation. The expert must establish that a medical professional’s actions fell below the standard of care as well as the medical professional’s negligence caused the injury or wrongful death. The expertise of a medical professional is typically required to prove causation in medical malpractice cases. In short, to prove causation in a medical malpractice case in Virginia, evidence that establishes actual and proximate cause must be presented. Additionally, qualified medical expert testimony is typically needed to prove causation in medical malpractice cases.
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