How is causation determined in a professional negligence claim?
Causation is an important element of a professional negligence claim in New Hampshire. In order for a plaintiff to be successful in a negligence claim, they must prove that the defendant’s negligence was the cause of their harm or injury. This means that the plaintiff must show that but for the defendant’s negligence, the harm would not have occurred. Generally, the plaintiff must prove three elements of causation in New Hampshire: cause in fact, proximate cause, and remoteness or foreseeability of the harm. Cause in fact requires that the defendant’s negligence was the actual cause of the harm. Proximate cause requires that the defendant’s negligence was the legal cause of the harm, meaning that the harm was foreseeable. Finally, remoteness or foreseeability of the harm requires that the harm was foreseeable to a reasonable person. The plaintiff must be able to connect their harm to the defendant’s negligence in a way that shows there would not have been harm but for the defendant’s negligence. This requires evidence such as medical records, expert testimony, and other evidence to demonstrate that the defendant’s negligence was the cause of the harm suffered by the plaintiff.
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