How is causation determined in a professional negligence claim?
Causation is an essential element of professional negligence claims in Georgia, meaning it must be proven that the defendant’s alleged negligence directly caused the plaintiff’s damages. In professional liability cases, Georgia courts use the "but for" test to determine whether the defendant’s negligent actions or omissions directly caused the injury or damages. This means the court must determine whether the injury or loss would not have occurred “but for” the defendant’s negligence or omissions. In the past, Georgia courts had established a “substantial factor” test to determine causation, but this has been replaced by the “but for” rule. Under this test, a plaintiff must prove that the defendant’s negligence was a substantial cause of the injury or damage. The burden of proof for causation in a professional negligence claim in Georgia is on the plaintiff. This means the plaintiff must provide sufficient evidence to demonstrate that the defendant’s negligence directly caused the damages in order to hold the defendant accountable. For example, if a plaintiff was injured during a medical procedure, the plaintiff must prove that the doctor’s negligence directly caused the injury. In some cases, multiple parties may have contributed to an injury or damage sustained by a plaintiff. In these cases, courts may use a “proximate cause” analysis to determine whether the defendant’s negligence was a proximate cause of the injury or damages. To establish proximate cause in a professional negligence claim, the plaintiff must demonstrate a direct relationship between the defendant’s negligence and the damages.
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