Doull v. FosterAnnotate this Case
The Supreme Judicial Court held that the traditional but-for factual causation standard is the appropriate standard to be employed in medical malpractice cases, including those involving multiple alleged causes, and discontinued the use of the substantial factor test, which the Court concluded was unnecessarily confusing.
Plaintiffs brought this suit claiming negligence, failure to obtain informed consent and loss of consortium after their family member died from complications arising from chronic thromboembolic pulmonary hypertension. The jury returned a verdict for Defendants. The Supreme Judicial Court affirmed, holding that the challenged instructions in this case were proper because the jury was instructed using traditional but-for causation principles.