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5 Cards in this Set

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How can Plaintiff avoid Summary Judgment on the "causation" prong?
P must produce
- "some evidence"
-linking the professional negligence
- to the injury complaint of
- to a REASONABLE DEGREE
- of MEDICAL PROBABILITY/CERTAINTY
(note: ≠ "possibility")
True or False:
If an expert does not use the words "reasonable degree of medical certainty"
- in the affidavit or deposition
--> the Plaintiff has not proved "Causation" and loses on Summary Judgment.
False.
No "magic words" required.

Req't is only that Expert Believes the accused Dr. is negligent.
HYPO:
Expert says "the injury MAY be the result of negligence".
Is this enough "causation" evidence to prove "medical probability/certainty"?
No.
"may" ≠ "probability"
True or False:
The CPA 9.1 Affidavit requires an expert to include a "causation" opinion
No. The filing affidavit only requires an opinion regarding "Negligence"
True or False:
Because the filing affidavit does not require a "causation" opinion, plaintiff needs no expert at all on "causation" to survive D's MSJ.
False.
P needs "some evidence" to establish causation, most likely from an expert.