In the high-stakes arena of medical malpractice, the spotlight often shines on the standard of care — but it’s the hidden battle over causation that can ultimately tip the scales in court.
Recently, our firm demonstrated the power of this approach. We secured summary judgment by focusing on the plaintiff’s failure to establish a causal link between the alleged breach and the claimed injury. This victory demonstrates the importance of rigorously challenging all elements of a medical negligence claim.
Below are four essential strategies we utilize:
- Narrow the standard of care criticisms: In cases where the plaintiff’s standard of care criticisms are wide-ranging, it’s vital to narrow them as much as possible. In our recent victory, we isolated the precise aspects of care that were being challenged, making it more difficult for the plaintiff to draw a clear causal line between the alleged breach and the claimed injury.
- Lock in the plaintiff’s expert: Depositions are a powerful tool for narrowing the issues. In our recent case, we were able to lock in the plaintiff’s expert on specific positions during deposition, which later prevented him from broadening those opinions in opposition to our motion for summary judgment. By securing this early commitment, we effectively highlighted their causation weakness.
- Challenge the expert’s testimony regarding the causal link: Would the outcome have been different if the healthcare provider had followed the standard of care as defined by the plaintiff’s expert? If the answer to that question is either unknown or unclear, attack that expert’s testimony and attempt to preclude it at trial.
- Hold the Plaintiff to her burden of proof: In any malpractice case, the plaintiff bears the burden of proving that the alleged breach caused injury. It’s crucial to keep this standard at the forefront. If the plaintiff’s experts cannot definitively establish a causal link between the claimed breach and alleged injury, a motion for summary judgment can swiftly end the case.
Our commitment to these proven strategies allows us to protect our clients’ interests and consistently secure favorable outcomes in even the most complex cases. If you need assistance with your legal matter, contact Waranch & Brown today.