How is causation determined in a professional negligence claim?
In Tennessee, causation for professional negligence claims is determined through a legal standard called “proximate causation.” This standard requires that the plaintiff must demonstrate that the alleged negligence of the defendant was the direct cause of their injury and damages. The plaintiff must demonstrate that the defendant’s negligence was the proximate cause of the harm in question, which means that it was a foreseeable result of their actions. To do this, the plaintiff must prove: 1) the defendant owed them a duty of care; 2) the defendant breached that duty of care; and 3) the plaintiff suffered an actual injury as a result of the breach. In addition, under the doctrine of “contributory negligence,” a plaintiff’s damages can be diminished, or they can even be barred from recovery altogether, if they contributed to the harm. This means that if the plaintiff was partially or even substantially at fault for the injury, they may not be entitled to compensation. Proving causation in a professional negligence claim is a complicated process, and it is important to seek the counsel of an experienced attorney who can ensure that you are adequately represented throughout the process.
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