negligence: causation

Question 1

2 components

Answer 1

1. Cause in fact (actual cause)
2. Proximate cause (legal cause)

Question 2

But for test

Answer 2

P must show that the injury would not have occurred “but for” the defendants negligence

Question 3

Substantial factor test

Answer 3

used when there are conceptual problems w/ causation due to multiple causes

Question 4

Test for substantial factor

Answer 4

Was defendants tortious conduct a “substantial factor” in causing the harm?

Question 5

Alternative causation

Answer 5

P’s harm was caused by only 1 of a few defendants and each was negligent, and it cannot be determined which one caused it

• Courts will shift the burden of proof to the defendants (will do joint and several liability on both unless one can show they did not cause the harm)

Question 6

Concert of action

Answer 6

If two or more tortfeasors were acting together collectively and that causes the harm, then all D’s will be jointly and severally liable

Question 7

Loss of chance of recovery (medical misdiagnosis)

Answer 7

Pt with less than 50% chance of survival could not recover for negligent misdiagnosis b/c they were likely to die anyway

Question 8

Loss of chance doctrine

Answer 8

If a physician negligently reduces the plaintiffs chance of survival, then that plaintiff can recover for the lost chance of recovery

Question 9

Proximate cause: scope of liability

Answer 9

the issue is whether the injury that occurred was within the scope of the defendants breach

Question 10

Defendant is liable for?

Answer 10

the full extent of the plaintiffs injuries, even if the extent is unusual or unforeseeable (eggshell plaintiff)