Schwartz & Schwartz, Attorneys At Law, P.A.

About Schwartz & Schwartz, Attorneys At Law, P.A.

As in any negligence lawsuit, it must be proven that the conduct of the defendant proximately caused the injury to the plaintiff. Proximate cause is established via a showing of “a reasonable connection” between the injury suffered and the actions (or failures to act) of the defendant. See Culver v. Bennett, 588 A.2d 1094, 1097 (Del. 1991). Delaware uses the ‘but for’ test to determine proximate causation. Id. at 1097. The ‘but-for’ test simply means that causation is established when the injury which occurred would not have occurred absent the actions of the negligent party. Id. Proximate cause is an issue to be determined by the jury. Id. at 1098. So it is very important to prove that but for the defendant’s negligence in failing to timely and properly diagnose the condition, the injury or death would not have occurred.

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Schwartz & Schwartz, Attorneys At Law, P.A. takes each of these. Pick yours and the evaluation starts there.

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