Proximate Causation
The proximate cause of an event is the near cause as opposed to the remote cause of the event. In a medical malpractice case, in addition to proving that there was a breach of the standard of care by a doctor, the plaintiff must also show that the breach was a proximate cause of the injury of which the plaintiff complains.
For instance, in the event of a puncture of the arterial wall by a catheter during a procedure , the defendant may argue that even if that was negligence the patient only had a 5% chance of survival and therefore he probably was going to die anyway, and as such, any negligence that may have been committed was really irrelevant.
This is a frequent defense raised in professional negligence claims and is frequently one that has some merit, i.e., the doctor may have been negligent, but the patient would have died anyhow. That is, the negligence may not have been a cause of injury since the patient may have suffered that injury in any event.
The question of proximate cause in most tort cases is to be resolved by the jury as the finder of fact in the case.In resolving that question the jury is called upon to decide whether the negligent conduct was a near cause,as opposed to a remote cause, of the injury. If the jury can answer that question in the affirmative then the plaintiff may be entitled to recover.
