(Please note: the names and locations of all parties have been changed to protect the confidentiality of this medical malpractice case and its proceedings.)
The following blog entries follow-up the previous two entries from July. These entries address the same issues, but do so from the defense side. By comparing the entries readers should get a good perspective as to how the parties present such issues to the court.
Defendant’s Trial Brief Re: Special Jury Instruction #1
IT IS UNDISPUTED THAT DEFENDANT’S SPECIAL INSTRUCTION #1 IS AN ACCURATE STATEMENT OF THE LAW FOR CAUSATION IN medical malpractice
Causation Must Be Proven Within A Reasonable Degree of Medical Probability
The law is well settled that in a personal injury action, causation must be proven within a reasonable medical probability based on competent expert testimony. Jennings v. Palomar (2003) 114 Cal.App.4th 1108, 1118. Defendant’s Special Instruction #1 states precisely the test for the jury to evaluate causation: Causation must be proven within a reasonable medical probability based upon competent expert testimony. Defendant’s Special Instruction #1 is thus well suited to advise the jury of the requisite standard, since it is a proper and accurate statement of controlling law.
CACI 430 Fails to Apprise the Jury of The Standard of Causation For medical malpractice
CACI 430 states in full that:
A substantial factor in causing harm is a factor that a reasonable person would consider to have contributed to the harm. It must be more than a remote or trivial fact. It does not have to be the only cause of harm.
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