Health care litigation: proving--and disproving--causation

This article, the fifth in a series, focuses on procedural issues concerning the causation element in health care litigation. The fourth article in the series identified the different perspectives of the medical and legal professions on the concept of cause and proposed an approach to clarify the concept for juries, judges, and arbitrators. This article analyzes the procedural aspects of proving causation or--as most health care providers in litigation often find it necessary to do--disproving causation.