Henke v. Hospital

Summary

The court held that the clear-and-convincing-evidence requirement for emergency-department malpractice claims is a standard of proof, not an additional prima facie element of causation. Expert testimony that negligence more likely than not caused the injury sufficiently establishes the causal connection at the summary-judgment stage, and the factfinder must consider that testimony together with all other relevant, admissible evidence in deciding whether causation is clear and convincing. The court reversed the trial court's summary judgment, vacated the court of appeals' decision, and remanded for further proceedings.