Elardo, Bragg, Appel & Rossi

Burden of Proof

Benkendorf v. Advanced Cardiac Specialists Chartered, 2012 WL 208792 (2012)

On appeal from a jury verdict for defendant in a medical malpractice action, Plaintiff argued that Defendant’s causation expert should have been precluded from opining regarding possible causes of Judy’s death. The court held that, while a plaintiff bears a burden to prove the causal connection between an act or omission through expert testify regarding the probable causes of the injury, a defendant does not have the same burden. A defendant may choose merely to rebut plaintiff’s evidence by testifying regarding alternative possible causes tending to undercut plaintiff’s causation theory, as long as the testimony is in compliance with the Rules of Evidence.