§ 27-10 Medical Malpractice - Expert Testimony -"most Probably" Rule of Causation

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 27-10 Medical Malpractice - Expert Testimony -"Most Probably" Rule of Causation

In a medical malpractice case, the "most probable" standard is the standard required to prove proximate cause. When a medical malpractice plaintiff relies solely upon the opinion of medical experts to establish a causal connection between the alleged negligence and the injury, the experts must, with reasonable certainty, state that in their professional opinion, the injuries complained of most probably resulted from the defendant's negligence. The experts' testimony must meet the "most probably" rule. It is not sufficient that the malady in question "possibly" or "could have" or "might have" resulted from the negligence. The medical expert must go further and testify that, taking into consideration all the facts, it is his professional opinion that the result in question most probably came from the cause alleged. In other words, a medical malpractice plaintiff who relies solely on expert testimony must introduce evidence that the defendant's negligence most probably resulted in the injuries...