The Challenges of Proving Causation in Medical Malpractice

Abstract

This article addresses the issue of establishing causation in medical disputes. Special attention is given to causation as an essential condition for the emergence of an obligation, as well as to the standard of burden of proof allocation in medical disputes. In this regard, both national and international legislation and judicial practice are analyzed.
The present article thoroughly examines the regulation of patient rights protection and the liability of the medical service provider in modern medical practice. The paper aims, based on the national legislation of Georgia, to describe the nature of the medical service contract, the parties to this contract, as well as the forms of civil liability of medical personnel. Particular focus is placed on the fundamental elements decisive for imposing liability on the medical service provider. Specifically, the notions of unlawful conduct and damage, the problem of establishing causation, and fault are reviewed.
The paper is enriched with both Georgian and German judicial practice and thoroughly considers the precedent decisions of the courts of both countries.