Negligence Tort Law Is an Term Paper

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"Cause" is the next element needed for a successful negligence suit, but this is probably the most intricate element involved. The first aspect of "cause" is known as "cause in fact," and involves demonstrating that the defendant's actions, or lack of action, actually caused the harm suffered by the plaintiff. For example, the patient in the case actually suffered paralysis as a result of the surgery. It must be pointed out that the surgeon involved did not perform the surgery ineffectively but that the chance of paralysis was a possible outcome of a successful surgery. In other words, the negligence was not the surgeon's technique but the failure to inform the patient of the possible outcomes of even a successful surgery. This type of "cause" is known as "proximate cause," or the defendant's failure to foresee the harms that may result through their actions. In this case, the doctor failed to inform the patient that one of the foreseeable outcomes of the surgery was paralysis.

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Finally, the plaintiff in a successful negligence case must demonstrate legally recognized harm inflicted on the plaintiff by the defendant. The harm must be real and recognizable by a jury, "it is not enough that the defendant failed to exercise reasonable care." ("Negligence") in the case mentioned, the damages would be the paralysis suffered by the patient/plaintiff. For a case to be successful, it is necessary to demonstrate that the damages suffered by the plaintiff be the direct result of the failure to exercise reasonable care by the defendant towards the plaintiff. Without the elements of "duty," "breach of duty," "cause" ("cause in fact" and "proximate cause"), and "damages" a negligence suit will not be successful; all are necessary to demonstrate that the defendant is responsible for the damages suffered by the plaintiff......

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