Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (2023)

We turn to doctors and other health care professionals to cure us when we are sick and heal us when we are injured. When doctors make avoidable medical errors, when they fail to follow the appropriate standard of care and are negligent in their diagnoses and treatment of patients, tragedy is all too often the result.

In fact, if medical malpractice were a disease, we would consider it an epidemic. Medical mistakes take the lives of 250,000 Americans every year according to a 2016 study from Johns Hopkins University, making it the third leading cause of death in the U.S., right behind heart disease and cancer.

The pain and trauma patients and their families experience because of medical malpractice are often accompanied by confusion and disbelief. It can be difficult if not impossible for patients or their families to know if a doctor’s error caused or contributed to their injuries and suffering. Without the assistance of attorneys who understand the complex legal and medical issues involved in malpractice cases, it can be equally challenging to hold doctors to account for their negligence once it is revealed.

Sometimes medical malpractice cannot be easily classified within an established category. However, that does not mean that the consequences to the patient are any less severe or important.

Our medical malpractice lawyers often speak with people who believe that a healthcare provider made a mistake, or simply didn’t do a good enough job. In some cases, after a review of the facts, we are able to tell the person with confidence that no malpractice occurred. In other cases, if we conclude that malpractice did in fact occur, we then pursue justice on behalf of the injured person.

The only way to know for sure, and to have peace of mind, is a thorough review of the facts by lawyers with expert knowledge of the law, as well as the medical standards and procedures involved in the case. Our team is built for that task.

Answers, assistance, and compensation for victims of medical malpractice throughout New England

In Maine and throughout New England, the Berman & Simmons’ medical malpractice lawyers help victims of medical negligence and their families get the answers and compensation they deserve.

We know how hard it can be when you realize that your suffering was caused by a doctor, nurse, or another healthcare professional who failed to do their job properly. Medical mistakes can include:

  • Your doctor failing to correctly identify, test for, or diagnose your condition, allowing a serious illness to go untreated for a long time.
  • Your doctor recommending the wrong course of treatment or prescribing medication that does more harm than good.
  • Doctors and staff missing the warning signs of a difficult or risky labor and delivery, failing to take the actions necessary to prevent serious birth injuries or harm to the mother.
  • Your doctor making errors with anesthesia and surgical techniques or failing to take steps necessary to minimize the chances of severe and potentially fatal infections.
  • The staff at a nursing home or assisted living facility neglecting or abusing vulnerable seniors, leaving them with severe physical, emotional, and psychological injuries that may never heal.

The best lawyers, the most resources, and over $1.25 billion for our clients

Berman & Simmons’ lawyers are widely recognized as the best personal injury lawyers in Maine. But for us, that it is not enough. With our unique resources and talent, we strive to be among the best in the country.

We have obtained several of the largest medical malpractice jury verdicts and settlements in Maine; a record built on experience, knowledge, and determined advocacy. But understanding complex medical issues and proving fault in these cases require much more than mastery of the law. We have access to the world’s leading and most highly credentialed medical experts whose analysis and testimony are often pivotal in our efforts to obtain full compensation for our clients. Those efforts have resulted in the recovery of over $1.25 billion for our personal injury clients.

A law firm focused on your well-being

Medical malpractice changes the lives of hundreds of thousands of Americans every year. But abstract statistics mean little when you are focused on the immediate challenges you and your family face. At Berman & Simmons, we want to relieve you of these burdens so you can devote your time and energy to recovering.

When you speak with us at your free initial consultation, we will carefully and patiently listen to your story as part of our comprehensive effort to understand what happened. We will then bring our extensive experience and unmatched resources to bear on your behalf, developing solutions that can make your life better, including obtaining payment for or deferral of your debts until we resolve your case.

We are ready to help you today. Call us for your free consultation.

Maine has strict statutes of limitations for filing medical malpractice complaints, so it’s critical to consult with us as soon as possible if you think you or a loved one may be a victim of a medical error.

Please contact Berman & Simmons today at (207)784-3576 to arrange for your free consultation. You pay nothing unless we obtain compensation for you by settlement or jury verdict. Our Maine medical malpractice attorneys are ready to help you through this difficult time so you can recover and rebuild your life.

Our lawyers and staff members take the time to listen to you, understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved.

Attorney Jodi Nofsinger Discusses a Recent Medical Malpractice Case

Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (1)

(Video) How Do I Hire a Medical Malpractice Lawyer

We routinely represent injured patients in all varieties of medical malpractice, including:

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (2)

    Birth injuries, brain damage, obstetrical malpractice, maternal death

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (3)

    Failure to diagnose cancer

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (4)

    Failure to diagnose a heart attack or myocardial infarction

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (5)

    Untreated infection

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (6)

    Surgical errors, neurosurgical mistakes, bariatric and weight loss surgery

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (7)

    ER negligence

    (Video) The Gynecologist - Avoidable Medical Malpractice Case

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (8)

    Pharmacy malpractice, prescription drug errors

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (9)

    Dental malpractice

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (10)

    Laboratory errors involving testing and tissue samples

  • Maine Medical Malpractice Attorneys Near You - Top Medical Malpractice Lawyers in Maine - Best Medical Negligence Lawyers Near You - Attorneys That Handle Negligence Cases Near You - Medical Error Cases (11)

    Nursing home abuse and negligence

$2.5 Million

Catastrophic injuries in a head-on car accident

$800,000

Wrongful death case involving negligent
motorist

$715,000

Plaintiff Rear Ended by
Telephone Truck

$5 Million

Delay in diagnosis and treatment of cancer

(Video) Chicago IL Hospital Malpractice Attorney Cook County Medical Negligence Lawyer Illinois

$1.2 Million

Significant Head Injury Car Accident

Contact Us Today

Medical Malpractice FAQs

  • How do I choose a medical malpractice lawyer in Maine?

    There are several factors to consider when hiring a medical malpractice lawyer. First, make sure you choose a lawyer and firm with a proven record of success in cases like yours. Second, trust your instincts. You need to have a high level of comfort and trust with the person you choose to represent you, and his or her staff.

    Many lawyers claim to handle medical malpractice cases, but in fact, do not have expertise in this complex area of the law. Remember that the choice is up to you. You don’t have to hire the first (or even second or third) lawyer you interview.

  • What are some of the steps involved in a medical malpractice case?

    After determining you have a valid medical malpractice claim, we’ll file a Notice of Claim, proceed with the discovery period and pre-litigation panel hearing required for all medical malpractice cases and, when warranted, file a lawsuit.

    Determining If You Have a Medical Malpractice Case

  • What is a Pre-litigation Screening Panel in a medical malpractice case?

    Before filing a medical malpractice lawsuit in court, we are required by Maine law to first present the case to a pre-litigation screening panel appointed by the superior court. The panel is made up of three panelists, including a representative of the healthcare industry; neither a judge nor a jury participates. The panel proceedings are confidential, but the opinions of the panelists can significantly influence the outcome of the case.

  • What is the statute of limitations for filing a medical malpractice lawsuit in Maine?

    In general, you have three years from the act of negligence causing your injury to file a medical malpractice lawsuit in Maine. However, there are a number of special circumstances that can shorten or extend that timeframe. The only way to know for sure is to speak with an experienced medical malpracitce lawyer as soon as possible.

  • What types of damages could I recover in a medical malpractice claim?

    Here are some brief definitions of the most common types of damages awarded in a personal injury lawsuit:

    • Economic damages include damages that can be calculated or fairly estimated, such as past and future medical expenses, lost wages and lost earnings potential. Expert witnesses can testify about how the injury impacted the person’s ability to earn a living in the future. These type of damages are sometimes referred to as “out of pocket” expenses.
    • Non-economic damages compensate victims for losses that are much harder to assign a specific dollar amount. Pain and suffering, loss of enjoyment of life, emotinal distress, the loss of companionship from a loved one, or permanent loss of function or permanent disfigurement are all types of non-economic damages.

    Personal Injury Damages: What can I recover?

  • What types of questions should I ask a medical malpractice lawyer before I hire them?

    When you’re considering hiring a medical malpractice lawyer to represent you, here are a few questions you should ask:

    • Have you had success representing clients in cases similar to mine?
    • Does your firm have the financial resources to take on my case?
    • If necessary, are you prepared to take my case to trial?
    • What are some of the results you have obtained?
    (Video) How Revealing a Weakness Can Improve the Value of Your NY Medical Malpractice Case
  • How do you determine if I have a valid medical malpractice case?

    We first need to determine whether or not you have a valid medical malpractice claim by proving that the medical provider failed to comply with accepted standards of practice in diagnosing or treating your condition, injury, or disease. We will also need to prove that this failure resulted in harm to you. This process involves an initial consultation with you, review of your medical records, research about your condition, including details about your medical history and treatments, and follow-up conversations with you.

    Determining If You Have a Medical Malpractice Case

  • Will I need to speak with the doctor or healthcare practitioner I’m considering suing?

    Absolutely not. You will not have to confront your doctor, healthcare provider or medical facility. We will take on that responsibility for you.

  • I really like my doctor and I’ve seen him for years. How could I sue him?

    There’s often feelings of guilt in taking legal action against another individual or an organization. We understand that. But there are other factors that must be considered. When doctors are negligent and someone is hurt or killed, they must be held accountable. This helps make sure healthcare companies put safety first. Our civil justice system is designed to provide you with fair compensation if you are harmed by the negligence of others.

    Hiring a Medical Malpractice Lawyer: What to Expect

  • I’m nervous about filing a medical malpractice claim.

    This is especially true for people who have never needed to consult with a lawyer or worry about wasting their valuable time. We talk to people every day who are facing the most difficult challenges of their lives and don’t know what to expect next. We handle a roller coaster of emotions and will help you through the entire process, from finding solutions to your immediate needs to helping you manage your ongoing medical care.

    Hiring a Medical Malpractice Lawyer: What to Expect

Contact Us Today

Related Resources

FAQs

What constitutes medical malpractice in Maine? ›

Maine medical malpractice law requires the injured patient to also prove causation between the negligence and the subsequent injury. The negligence must be the actual cause in fact of the patient's injury.

What are the 4 things that must be proven to win a medical malpractice suit? ›

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

Which element of malpractice is hardest to prove? ›

The second element of a medical malpractice case is the hardest to prove. The plaintiff must show in the malpractice suit that the defendant was negligent because they failed to provide the same level of care that another doctor would have provided in a similar situation.

What can you claim for medical negligence? ›

What Types of Medical Negligence Can I Claim For?
  • Misdiagnosis or delayed diagnosis.
  • Negligent cosmetic procedures.
  • Mistakes during dental.
  • Care home negligence.
  • Pressure sore claims.
  • Incorrect surgery.
  • Birth injuries.

What are five types of malpractice? ›

Six Common Types of Medical Malpractice
  • Misdiagnoses. Misdiagnoses are among the most common types of medical negligence in malpractice claims. ...
  • Delayed Diagnoses. Delayed diagnoses are frequently linked to misdiagnoses. ...
  • Negligent Failure to Treat. ...
  • Surgical Malpractice. ...
  • Birth Injuries. ...
  • Defective Medical Devices.
16 Feb 2022

What four things must be proven in order to successfully prove negligence? ›

A Guide to the 4 Elements of Negligence
  • A Duty of Care. A duty of care is essentially an obligation that one party has toward another party to exercise a reasonable level of care given the circumstances. ...
  • A Breach of Duty. ...
  • Causation. ...
  • Damages.
12 Nov 2020

What is the most common example of negligence? ›

Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. This can occur when a patient is prescribed the wrong drug for their illness, receives another patient's medication or receives an incorrect dosage of medication.

What are the four conditions necessary to prove a negligence claim? ›

4 Elements Of A Negligence Claim
  • 1) Presence of a Duty. This is a key parameter for determining the respondent's fault in a personal injury claim. ...
  • 2) Breach of a Duty. ...
  • 3) Proof of Direct Causation. ...
  • 4) Nature and Extent of Injuries.

How long do medical negligence cases take to settle? ›

The length of time a medical negligence claim takes to settle can vary significantly, simple cases where liability is admitted can be settled in around 12 months or so. Large, more complex, high value cases can take longer to settle.

Who has the burden of proof in medical negligence case? ›

When it comes to bringing a medical negligence claim and proof, the burden sits with you. So it's up to you to show that the person you sue made the medical error and was responsible for your injuries and financial losses. Put into legal jargon, as we put it already – you henceforth have the “burden of proof.”

What is the difference between negligence and malpractice? ›

Medical malpractice is when a healthcare professional is aware of the possible consequences before making a mistake that led to an injury. Medical negligence is when a healthcare professional makes an honest mistake that leads to an injury.

What are the three types of damages that can be awarded in negligence cases? ›

There are three types of damages that may be granted in personal injury claims: economic damages, non-economic damages, and punitive damages. Economic damages may also be referred to as special damages, and non-economic damages may be called general damages.

What are the factors to prove medical negligence? ›

Essentials of medical negligence
  • The defendant owed a duty of care to the plaintiff.
  • The defendant made a breach of that duty.
  • The plaintiff suffered damage as a consequence of that breach.
3 Aug 2019

What is the most common reason for medical negligence claims? ›

Failure to diagnose a patient's medical condition is a leading cause of malpractice lawsuits.

What are the 4 types of negligence in healthcare? ›

To be successful, any medical negligence claim must demonstrate that four specific elements exist. These elements, the “4 Ds” of medical negligence, are (1) duty, (2) deviation from the standard of care, (3) damages, and (4) direct cause.

What are examples of negligence? ›

Examples of negligence include: A driver who runs a stop sign causing an injury crash. A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill. A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

How successful are medical negligence claims? ›

You'd be surprised to hear that very few medical negligence claims involving the NHS make it to court. In fact, of the 15,550 claims resolving in 2019/20, only 0.6% would go to a trial. 71.5% were resolved without court proceedings, meaning they were either abandoned or settled.

What is the most common type of medical mistake? ›

Medication Error

One of the most common mistakes that occurs in the course of medical treatment is an error in medication. Prescribing the wrong dose, or failing to account for drug interactions can have detrimental effects for the patient.

What are the six categories of negligence? ›

The categories of negligence are: failure to follow standards of care, failure to use equipment in a responsible manner, failure to communicate, failure to document, failure to assess and monitor, and failure to act as a patient advocate (see S ix Major Categories of Negligence That Result in Malpractice Lawsuits, page ...

What are the three prerequisites needed to establish negligence? ›

To make a claim of negligence in NSW, you must prove three elements: A duty of care existed between you and the person you are claiming was negligent; The other person breached their duty of care owed to you; and. Damage or injury suffered by you was caused by the breach of the duty.

What is the burden of proof in a negligence claim? ›

In a negligence case, the aggrieved party (plaintiff) bears the burden of proof to show each element of their cause of action by a preponderance of the evidence.

What three things must be shown in order for a claim for negligence to succeed? ›

To succeed in an action for negligence at common law a claimant has to establish that: The defendant owed a duty to the claimant. The defendant breached the duty owed to the claimant. The defendant's breach of duty caused the claimant to suffer recoverable loss.

Which of the following is an example of medical negligence? ›

Medical Negligence Examples

Failure to diagnose, such as missing the symptoms of serious heart disease. Failure to perform or order appropriate medical testing. Failure to adequately monitor a patient. Anesthesia mistakes.

What is the test for negligence? ›

If a reasonable person would have foreseen the reasonable possibility of harm and would have taken reasonable steps to prevent it happening, and the person in question did not do so, negligence is established.

How long will it take to settle my claim? ›

Straightforward cases can be settled quickly. If your claim is related to minor injuries, it should be resolved within a matter of months – or maybe even weeks with the help of a solicitor. Whereas, more complicated cases can take over a year.

How many medical negligence cases are successful? ›

Doctors consistently win approximately 50% of the cases that physician reviewers have concluded they should lose and 70% to 80% of the cases with unclear or ambiguous evidence of negligence [18]. This success rate suggests the presence of variables that systematically favor medical defendants in the courtroom [18].

How long does a professional negligence claim take? ›

It usually takes more than twelve months (but can be much longer depending on the value and complexity of the matter) for a claim to reach trial after court proceedings have been issued. The parties can carry on negotiating and make offers to settle the dispute all the way leading to trial.

What 5 things must be proven during a negligence case? ›

Do you want to hold another party accountable for their negligent behavior? Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm.

What are five 5 of the most common errors that lead to medical malpractice claims? ›

5 Common Medical Errors That Lead To Medical Malpractice Claims
  • Misdiagnosis And Failure To Diagnose. According to CBS News, approximately 12 million people who receive outpatient care are victims of some form a misdiagnosis each year. ...
  • Prescription Errors. ...
  • Surgical Errors. ...
  • Anesthesia Errors. ...
  • Childbirth Errors.

What is malfeasance in healthcare? ›

Malfeasance is intentional conduct by officials and public employees that is wrongful or unlawful – the willful, intentional act of doing harm. It is a higher level of wrongdoing than nonfeasance, which is failure to act where/when there was a duty to act.

What elements of negligence must be proven in a lawsuit? ›

Four elements are required to establish a prima facie case of negligence:
  • the existence of a legal duty that the defendant owed to the plaintiff.
  • defendant's breach of that duty.
  • plaintiff's sufferance of an injury.
  • proof that defendant's breach caused the injury (typically defined through proximate cause)

What are the six damages that may be awarded? ›

In Philippine laws, there are six kinds of damages, namely:
  • Actual or compensatory Damages.
  • Moral Damages.
  • Exemplary or corrective Damages.
  • Liquidated Damages.
  • Nominal Damages.
  • Temperate or moderate Damages.

What are examples of vindictive damages? ›

3] Vindictive or Exemplary Damages

There are two scenarios for awarding vindictive or exemplary damages: Breach of a promise to marry because it causes injury to his/her feelings. Wrongful dishonour of cheque by a banker because it causes loss of reputation and credibility.

What is not under medical negligence? ›

What does not amount to medical negligence? If a patient has suffered an injury the doctor might not be held liable for negligence. In case of error of judgement by the doctor, he shall not be charged against any such actions.

Is it hard to prove medical negligence? ›

It is fair to say that the causation element of a claim in a medical negligence claim is often the more difficult to prove. Causation in medical negligence claims is complex as there can be instances where injury, loss, or damage can take place even if negligent treatment had not occurred.

What are the 3 most common mistakes on a claim that will cause denials? ›

Common Errors when Submitting Claims:
  • Wrong demographic information. It is a very common and basic issue that happens while submitting claims. ...
  • Incorrect Provider Information on Claims. Incorrect provider information like address, NPI, etc. ...
  • Wrong CPT Codes. ...
  • Claim not filed on time.
23 Jun 2021

What is the most common cause of serious medical errors? ›

Communication Problems

Communication breakdowns are the most common causes of medical errors. Whether verbal or written, these issues can arise in a medical practice or a healthcare system and can occur between a physician, nurse, healthcare team member, or patient. Poor communication often results in medical errors.

What are 5 reasons a medical claim may be rejected? ›

5 Reasons Medical Claims Are Denied
  • Prior Authorization Was Required.
  • Missing or Incorrect Information.
  • Outdated Insurance Information.
  • Claim Was Filed Too Late.
  • Services Not Covered.

What are the 4 D's of medical negligence? ›

To prove it, you need the four Ds of medical negligence. These four are Duty of care, Dereliction of duty, Direct causation, and Damages. Learning whether you have grounds to prove these for a medical malpractice claim in Virginia requires the help of an attorney with experience in these cases.

Can you sue for emotional distress in Maine? ›

In Maine, bystanders can establish foreseeability of emotional injury by (1) being present at the scene of the accident, (2) suffering serious mental distress as a result of contemporaneously perceiving the accident, and (3) being closely related to the victim.

Which elements must be present to prove malpractice? ›

What Are the Four Elements of Medical Malpractice?
  • Duty: The duty of care owed to patients.
  • Dereliction: Or breach of this duty of care.
  • Direct cause: Establishing that the breach caused injury to a patient.
  • Damages: The economic and noneconomic losses suffered by the patient as a result of their injury or illness.

What are the four elements that determine if malpractice is present? ›

The Four Elements of Negligence Are Duty, Breach of Duty, Damages, and Causation.

What are the 4 examples of negligence? ›

While seemingly straightforward, the concept of negligence itself can also be broken down into four types of negligence: gross negligence, comparative negligence, contributory negligence, and vicarious negligence or vicarious liability.

Can I sue for stress caused? ›

It may be possible for you to sue for emotional distress, depending on your situation. The main factor that will mean you can make a claim is whether someone's negligence caused the harm you first suffered. This could be because you were hurt in an accident that was someone else's fault.

Can you sue due to stress? ›

If a genuine stress-related illness, caused by the conditions under which an employer has made you work, could be described as a personal injury, and if it can be shown that your stress is down to employer negligence, you have a very good chance of successfully claiming personal injury compensation.

Can you sue for mental distress? ›

The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.

What is the most common reason for malpractice suits that are successful? ›

Multiple studies have concluded that misdiagnosis is the most common cause of malpractice claims. Misdiagnosis includes failure to diagnose a medical problem that exists or making a diagnosis that is incorrect.

What is an example of a negligent tort? ›

For example, a janitor has a duty to put up a wet floor sign after mopping. If he or she fails to put up the sign and someone falls and injures themselves, a negligence tort case may be filed. Examples of negligence torts include car accidents, bicycle accidents and medical malpractice.

What is an element that a party must prove to prevail in a negligence case? ›

Legally speaking, negligence is a failure to use reasonable care under the circumstances. In order to establish negligence, you must be able to prove four “elements”: a duty, a breach of that duty, causation and damages.

What are the three 3 elements that must be satisfied for a claim of negligence to be upheld? ›

To make a claim of negligence in NSW, you must prove three elements: A duty of care existed between you and the person you are claiming was negligent; The other person breached their duty of care owed to you; and. Damage or injury suffered by you was caused by the breach of the duty.

What is a type of causation that must be proven in a negligence case? ›

Proximate Cause. The law uses the “but for” test to determine if a defendant was the direct cause of a plaintiff's injury. To prove direct cause, a plaintiff must show the injury would not have occurred “but for” the defendant's conduct. Proximate cause is concerned with foreseeability.

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