Causation and Lost Chance of Recovery

In a majority of the litigation I have had recently, most personal injury defense attorney's are not necessarily challenging liability on their clients but challenging causation of the injuries (i.e. we messed up, but they were hurt anyway).  This is a typical defense on birth injury cases and medical malpractice cases in particular.  This is a tricky area where expert testimony needs to be abundantly clear.  In Ladner v. Campbell, 515 So.2d 882,889 (Miss. 1987), the Mississippi Supreme Court held that a plaintiff must show that with proper treatment, the plaintiff would have provided with a greater than fifty percent chance of a better result than was in fact obtained.  As such, this information needs to be in the expert designations.  Without it, I have seen medical malpractice cases dismissed on this basis because there is no expert proof on causation in this regard which is a necessary element of the case.