Zwiren v. Thompson

This case is much simpler than the majority makes it out to be. The trial court twice instructed the jury that in order to prove her case, the plaintiff was required to show “within a reasonable degree of medical certainty” that her injury was proximately caused by the defendant’s negligence.6 This confusing and contradictory charge muddles the time-honored and simple equation that in order to prove causation, a medical malpractice plaintiff must bring forth expert testimony to establish only a reasonable probability that the alleged negligence caused the injury.7

In medical malpractice cases,…