injury: a physical, financial, or emotional act, or some other invasion
of the plaintiff's rights and privileges.
4-9.
PROXIMATE CAUSE (CAUSATION), THE FOURTH ELEMENT OF LIABILITY
FOR ACTIONABLE NEGLIGENCE
a. The fourth element of actionable negligence is proximate cause or causation.
Whatever happened must be proven to be the immediate or the proximate cause of
injury. In other words, it must be shown that it was, in fact, breach of duty that caused
injury.
proximate cause (causation): the process of establishing the causal
link between breach of duty and injury.
b. Causation is the most difficult element to prove. For example, a treatment
may be negligently delayed (breach of duty) and the patient may die (injury), but it still
must be proven that the plaintiff, in all likelihood, would have lived had the treatment
been given sooner.
4-10. THE "FIFTH ELEMENT" OF LIABILITY FOR ACTIONABLE NEGLIGENCE
There is an additional element that is not discussed from a legal standpoint, but
that has great bearing on whether or not a claim is filled. This "fifth element" involves
the caring component of health care. There has to be someone willing to make a claim.
Health care professionals who maintain a good relationship with their patients before
and after incidents are less likely to be sued. If you suspect that an incident may have
occurred, contact the responsible risk management official, so that steps can be taken
to minimize the chances of a claim. Health care professionals, who maintain good
relations with their patient, before and after an incident, are less likely to be sued.
MD0066
4-8
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