Medical Causation Requires A “Reasonable Probability” Standard of Proof Before Negligence Case May Reach A Texas Jury

Date

1971

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

By examining the results of the medical malpractice case Lenger v. Physician’s General Hospital, the article discusses what is considered sufficient evidence for a causal relationship in a medical malpractice case. The author compares the liberal rule on causation that allows the issue of causal connection to go to the jury to the strict rule that requires a reasonable probability standard. The author raises the issues that the Court’s decision in the Lenger case leaves uncertainties on whether the strict rule or the liberal rule will apply to evidence in medical malpractice cases.

Description

Keywords

Circumstantial evidence, Medical causation, Evidence, Reasonable probability, Lenger v. Physician’s General Hospital, Case note

Citation

3 Tex. Tech L. Rev. 175