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factual causation

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factual causation,
n the proven link between a deliberate failure to perform duty of care and the resulting negative impact.


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If taken as a factual causation test, one is forced to make sense of "but for.
1) By a 3:2 margin the court held that factual causation in medical malpractice cases should not be resolved on a loss-of-chance basis.
Had she done so, the action would have proceeded as a simple question of uninformed consent, and the issue of factual causation would have been a matter of assessing the credibility of her claim.
 
 
 
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