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The Elements of a Nursing Malpractice Case, Part 3B: Causation.
1Edie Brous is a nurse and attorney in New York City and Pennsylvania, and the coordinator of Legal Clinic. Contact author: ediebrous@ediebrous.com. The author has disclosed no potential conflicts of interest, financial or otherwise.
The American Journal of Nursing
|December 28, 2019
Summary
An intervening actor can break the chain of causation, preventing a defendant
Area of Science:
- Legal Studies
- Tort Law
- Causation in Law
Background:
- Establishing legal liability requires demonstrating a direct causal link between negligence and injury.
- Foreseeability of intervening acts is a critical factor in proximate cause analysis.
Purpose of the Study:
- To analyze the legal principle of intervening causation in tort law.
- To determine how an independent actor's actions affect liability for negligence.
Main Methods:
- Review of landmark tort law cases concerning intervening causes.
- Analysis of legal doctrines related to proximate cause and foreseeability.
Main Results:
- An independent actor's intervention can serve as a superseding cause, breaking the chain of causation.
- The defendant's liability may be absolved if the intervening act was unforeseeable and extraordinary.
Conclusions:
- The principle of intervening causation is a crucial defense in negligence claims.
- Courts assess the foreseeability and nature of the intervening act to determine its effect on liability.
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