direct and proximate cause


Also found in: Dictionary, Medical, Financial.
Related to direct and proximate cause: Unforeseeable plaintiff

direct and proximate cause

n. the immediate reason damage was caused by an act or ommission (negligence), the negligence must have caused the damages, without intervention of another party, and cannot be remote in time or place. Example (in a complaint): "Defendant's negligent acts (speeding and losing control of his vehicle) directly and proximately caused plaintiff's injuries." (See: complaint, cause, proximate cause)

References in periodicals archive ?
Thus, it appears clear that at least in Michigan, a plaintiff can use the testimony of a nurse practitioner as to the applicable standard of care, the breach of that standard, and the fact that the breach is the direct and proximate cause of a plaintiff's injury.
The court held, inter alia, that, in order to establish proximate cause by a preponderance of the evidence in a medical malpractice case, a plaintiff must use expert testimony as to the alleged professional negligence and whether that negligence was the direct and proximate cause of the plaintiff's injury.
However, although the plaintiff and defendants put forth conflicting testimony, the jury was provided with competent, credible evidence from which to conclude that the defendants' negligence was not the direct and proximate cause of the patient's death.
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