The Massachusetts Supreme Court stated in its opinion filed on February 26, 2021: “In this medical malpractice case, we are asked once again to clarify our case law on causation, along with series of other issues that are more readily decided. After careful review, we conclude that the traditional but-for factual causation standard is the appropriate standard to be employed in most cases, including those involving multiple alleged causes. In doing so, we conclude that the substantial factor test is unnecessarily confusing and discontinue its use, even in multiple sufficient cause cases. Additionally, for the defendant to be liable, the defendant must also have been legal cause of the harm.
Massachusetts Supreme Court Eliminates Substantial Contributing Factor Causation In Medical Malpractice Cases – Medical Malpractice Lawyers
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