Don’t Forget Causation — What Difference Would It Make?

posted on January 24th, 2008 in Causation by clint
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Read Taylor v. Jackson County Hosp., et al, 2006 WL 2423456 (Tenn.App.) to remember causation. It a medical malpractice case. The plaintiff proved that the hospital staff failed to resuscitate its patient, which caused hypoxic encephalopathy and ultimately death. Yet, the case turned on the following exchange between the plaintiff’s expert and defense counsel:

Q. Okay. Do you have an opinion based upon a reasonable degree of medical certainty whether or not if Mr. Taylor had been intubated at 16:58 or 4:58 [ (the time the nurse called the code) ] versus when he was intubated almost 14 minutes later at 5:12 p.m., whether or not that would have made a difference in the outcome of this case?

A. I don’t think any expert can say absolutely one way or the other. The only way I can answer that question is that the sooner he was intubated, the sooner he got the Epineprin, the greater his chance of resolving the issue and having a normal life.

This is the kiss of death. It is the perilous harbor of maybe, could be, or might have.

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