(Download) "Donald Fussell and Ann Honesty Fussell v." by Supreme Court of Idaho No. 18208 " eBook PDF Kindle ePub Free
eBook details
- Title: Donald Fussell and Ann Honesty Fussell v.
- Author : Supreme Court of Idaho No. 18208
- Release Date : January 09, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
This is a medical malpractice case. The issue that we find dispositive is whether the trial court correctly instructed the
jury on the subject of proximate cause. We hold that in an action for medical malpractice when there is evidence of two or
more causes that contributed to the damage suffered, for only one of which the doctor is responsible, the proper proximate
cause instruction should instruct the jury that any negligence of the doctor was a proximate cause of the injury if it was
a substantial factor in bringing about the damage. We specifically reject the inclusion of an instruction under these circumstances
requiring the claimant to prove that the injury would not have occurred "but for" the doctor's negligence. I.
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