Expert Opinion
Causation Assessment
Causation assessment evaluates whether a medically explicable, consistent and documentable causal link exists between a specific event, act or omission and the medical outcome alleged. The mere chronological sequence — an event followed by a health consequence — is not sufficient to establish causation.
When Is Causation Assessment Required?
- A physical injury, illness or functional loss alleged to result from a specific traumatic event
- The causal link between a physician's act or omission and a harmful outcome
- Whether a deviation in care caused or materially contributed to the harm alleged
- Death cases: the relationship between the alleged cause (trauma, delay, intervention) and the manner and cause of death
- Whether a pre-existing condition was aggravated by the incident
- Whether post-incident complications fall within the natural course of the initial injury
- Whether multiple contributing factors each independently caused or contributed to the outcome
- Whether an intervening cause broke the chain of causation
How Is the Assessment Conducted?
A sound causation opinion requires the complete documentary record: medical records, imaging, operative notes, autopsy and toxicology reports (where applicable), incident reports, witness statements and all other relevant documentation. Evidence supporting the alleged causal link and evidence pointing to alternative explanations must both be considered.
The purpose of a causation opinion is not to validate one party's position, but to determine — from the totality of available evidence — whether the causal relationship can be established, to what degree it is supported, and what limitations exist.
Documents Typically Required
For preliminary assessment
Documentation establishing the nature and date of the incident
All hospital records and medical documentation
Examination, operative, treatment and follow-up records
Laboratory and imaging results
Expert reports and prior opinions
Incident, accident or investigation records
Party and witness statements
Pre-existing medical history
Autopsy, toxicology and histopathology reports (where applicable)
Legal BasisHMK Art. 293 · CMK Art. 67/6 · CMK Art. 68/3