‘Bare Assertion’ of Causation Insufficient Support for Medical Malpractice Claims

AUSTIN, Texas– A “bare assertion of causation” is insufficient to show why a defendant’s action caused a breach of the standard of care, a Texas appeals court said July 12 in a pair of medical malpractice cases stemming from the same surgical injury (Intra-Op Monitoring Services LLC v. Causey; Popeney v. Causey).

The Texas Court of Appeals for the Ninth District found that plaintiff’s expert Dr. Jaime Lopez did not provide sufficient detail in his expert report to show causation “beyond mere conjecture.” His report did not show which persons failed to properly interpret data, which data ...