What is the test for proximate cause in a medical malpractice case?
California, United States of America
The following excerpt is from J.W. v. Watchtower Bible & Tract Soc'y of N.Y., Inc., 241 Cal.Rptr.3d 62, 29 Cal.App.5th 1142 (Cal. App. 2018):
" Ordinarily, proximate cause is a question of fact which cannot be decided as a matter of law from the allegations of a complaint .... Nevertheless, where the facts are such that the only reasonable conclusion is an absence of causation, the question is one of law, not of fact. " ( State Dept. of State Hospitals v. Superior Court (2015) 61 Cal.4th 339, 352-353, 188 Cal.Rptr.3d 309, 349 P.3d 1013.)
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