· 9/1/2004
Hansen v. Central Iowa Hospital Corp.
Citations
- 686 N.W.2d 476
- 2004 Iowa Sup. LEXIS 232
- 2004 WL 1936475
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding expert testimony 5 indicating probability or likelihood of a causal connection is sufficient to generate a fact question on causation
- allowing expert testimony about causation without disclosure because doctor formed his opinion “as a treater”
- finding it was error for the district court to exclude doctor’s expert testimony on medical causation where the district court had concluded the evidence was not “expressed to a medical degree of certainty” and “insufficient to be admissible”
- “The rule is that expert testimony indicating probability or likelihood of a causal connection is sufficient to generate a question on causation.”
- “Buzzwords like ‘reasonable degree of medical certainty’ are therefore not necessary to generate a jury question on causation.”
- “Thus, even treating physicians may come within the parameters of [the Iowa version of rule 26] when they begin to assume a role in the litigation analogous to that of a retained expert.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lavorato, Larson, Ternus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.