Legal Definitions - reasonable medical probability

Reasonable medical probability is a legal standard used to determine if a particular event or action was the cause of an injury, illness, or medical condition. It means that, based on accepted medical knowledge and expert opinion, it is considered more likely than not (meaning there is a greater than 50% chance) that the event or action directly led to the injury or condition in question. This standard relies on the general consensus of recognized medical thought, rather than mere possibility, speculation, or a less than 50% chance.

Here are some examples illustrating how this standard applies:

• Personal Injury Case: A pedestrian is struck by a car and subsequently develops a herniated disc in their spine. During the legal proceedings, the pedestrian's treating physician testifies that, based on the nature of the impact, the immediate onset of symptoms, and diagnostic imaging, it is a reasonable medical probability that the car accident caused the herniated disc. This means the doctor, relying on established medical understanding, believes it is more likely than not that the trauma from the collision directly led to the spinal injury.

• Medical Malpractice Case: A patient undergoes a routine surgical procedure and, shortly after, experiences significant nerve damage in their arm. An independent medical expert reviews the surgical records and the patient's post-operative course. The expert concludes that, to a reasonable medical probability, the nerve damage was caused by improper positioning of the patient's arm during surgery, rather than an inherent risk of the procedure or an unrelated condition. The expert's opinion indicates that, based on medical evidence, the surgical team's actions were the most probable cause (greater than 50% likelihood) of the nerve injury.

• Workers' Compensation Claim: An employee works for many years in a manufacturing plant where they are regularly exposed to certain industrial solvents. The employee later develops a rare form of kidney disease. Several medical specialists testify that, based on scientific research linking prolonged exposure to those specific solvents with the development of this particular kidney disease, it is a reasonable medical probability that the employee's workplace exposure caused their illness. Their testimony asserts that, according to current medical understanding, it is more likely than not that the chemical exposure at work led to the kidney disease.