Proximate Cause Case

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Doctrine of Proximate Cause
One of the most thought-provoking aspects of verifying a medical negligence is recognizing and substantiating the proximate cause of the injury sustained by the plaintiff. Without proving causation, an otherwise meritorious case will be lost. The plaintiff must provide expert opinions that prove that the direct and legal cause (proximate cause) of the injury was a breach in the standard of practice by the defendant. Thus, proximate cause is the event(s) connected to the specific injury(s), or in other words, the proximate cause is the primary cause of the injury. It is essentially the determining event.
A proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. Courts have established the "but for" test which states that but for the defendant's …show more content…
This condition required Angelica’s leg to be amputated. To eliminate any remaining cancer cells, minimize the chances of recurrence and prevent the disease from spreading to other parts of Angelica’s body, chemotherapy was suggested and eventually, Angelica was referred Dr. Li. In August of 1993, Angelica was administered the first cycle of the chemotherapy regimen. However, the Soliman spouses filed an action for damages against Dr. Li, claiming, among other things, that Dr. Li had assured them that Angelica would recover in view of 95% chance of healing with chemotherapy. And that when they had inquired about side effect, they claim that Dr. Li mentioned only slight vomiting, hair loss and weakness. Angelica had, however, suffered far greater side effects from the chemotherapy and accordingly, the Solimans claimed that they would not have given their consent to chemotherapy had petitioner not falsely assured them of its side

Cause In Fact And Proximate Cause

Cause in fact and proximate cause are parts of negligence suits, both cause in fact and proximate cause must be proven in order for the case to be won and to show there was actual negligence.Negligence is not taking the proper care in a situation which caused an injury.Many negligence cases occur everyday wether its for speeding or DUI’s, negligence happens very often and this can cause injury to a person or people.When this occurs a person goes to the law for a solution to their pain and suffering…

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Courtroom Observation Paper

Review of the 2008 2L Moot Court Tournament at the Liberty University School of Law INTRODUCTION This case between the plaintiff, Deborah White (Appellee) and the defendants, Patrick Gibbs; and Stand Alone Properties, L.L.C., d/b/a O’Malley’s Tavern (Appenllants) was the subject of a Summary Judgment Motion filed on behalf of the…

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Four Elements Of Negligence

exercise the care that a reasonably prudent person would exercise in like circumstances. The area of tort law known as negligence involves harm caused by carelessness of another.” According to Elements of a Negligence Case “injury.findlaw.com, “when someone acts in a careless way and causes an injury to another person, under the legal principle of ‘negligence’ the careless person will be legally liable for any resulting harm. “ When an injured person (plaintiff) believes that his or her injury was caused…

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Kelly V. Movie Theatre: Negligence

falls below the standard established by law for the protection of others against unreasonable risk of harm and is proven by the following elements: a duty of care was owed by a defendant, that duty was breached, and that breach was the actual and proximate cause of the damages to the plaintiff. Special Duty-Land occupier, Business Invitee The movie theater is the land occupier, one in possession of the property. Kelly is a customer of the movie theatre, a business invitee. The land occupier owes a duty…

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Something: Tort Law and Property Damage Plaintiff Essay

Negligence The prima facie case for negligence requires: Duty is owed to the plaintiff by the defendant Breach of the Duty Causation: The defendant caused the harm to occur. Damages: The plaintiff suffers harm. Duty In order to hold a defendant liable for negligence, the defendant must owe a duty of reasonable care to the plaintiff. Two issues arise in terms of duty of reasonable care: Foreseeability Standard of Care Foreseeability The duty of care must be toward a foreseeable plaintiff…

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Jordon V. Western Distributing Company

The employer failed to exercise the proper degree of care and hired an unfit employee. 3. A coworker or another third party was harmed by the unfit employee. 4. The employer’s failure to exercise the proper degree of care in hiring was the proximate cause of the harm or injury that occurred (Walsh, 2014). The significance of negligent hiring is that it extends the liability of an employee’s actions outside the scope of their employment to the employer if carless hiring of an unfit employee was…

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Hw 1 Essay

the category of one of Tinbergen's four questions. For each, indicate which of Tinbergen's questions it is about by typing the appropriate 2-letter code (either upper or lower case is fine) in the blank provided. The codes are: PD = Proximate Developmental ("How does it develop?") PC = Proximate Causal ("What mechanisms cause it?") UH = Ultimate Historical ("How did it evolve?") UF = Ultimate Fitness ("What is its fitness value?") Question 1 of 30 1.0 Points People crave the sweet taste of candy…

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Chapet 6 notes Essay example

statement that is false, uttered to a third person, and causes an injury. Opinion and privilege are valid defenses Malice Public personalities can win a defamation suit only by proving actual malice False Imprisonment False Imprisonment is the intentional restraint of another person without reasonable cause and without consent Emotional Distress The intentional infliction of emotional distress involves extreme and outrageous conduct that causes serious emotional harm Additional Intentional…

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Summary: Negligence

An Unintentional Tort also known as Negligence is defined as "A doctrine that says a person is liable for harm that was foreseeable consequences of his or hers actions" (Cheeseman, pg.101). In the case Liebeck versus McDonald's, Palsgraf versus The long Island Railroad are both Unintentional Tort cases that are widely recognized today. Stella Liebeck and a 79 year-old woman sued McDonald's for serving coffee that gave her 3rd degree burns when she accidentally spilled it on her lap in a parked car…

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Current Event News Article

University of Phoenix Current Event News Article The five important elements of negligence: duty, breach of duty, actual cause, proximate cause, and damages. Each one within the law is a critical process, especially involving negligence. The article about the jury awards a Florida woman 11.3 million (Parker, 2006) dollars because of online negative comments; (1) duty, which in this case the victim (Scheff), sued Carey Bock. A victim defendant’s negligence can sue victoriously only if the accuser had a…

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