This mid-trial ruling addresses two issues in a medical negligence jury trial: (1) the proper form of the jury questions on causation, and (2) whether the jury should be required to provide reasons or particulars for their verdict on causation.
The court reviews the relevant case law and determines that the "but for" test should be used in the jury questions on causation, rather than the "caused or contributed to" language, given the facts of the case.
The court also declines to require the jury to provide reasons or particulars for their finding on causation, citing the risk of confusion and the lack of necessity in the circumstances.
