Again, this cause-in-fact burden is expressly stated in Flores: "We have recognized that '[c]ommon to both proximate cause and producing cause is causation in fact, including the requirement that the defendant's conduct or product be a substantial factor in bringing about the plaintiff's injuries.'" Flores, 232 S.W.3d at 770 (quoting Union Pump Co.
2007), "[d]efining producing cause as being a substantial factor in bringing about an injury, and without which the injury would not have occurred, is easily understood and conveys the essential components of producing cause that (1) the cause must be a substantial cause of the event in issue and (2) it must be a but-for cause, namely one without which the event would not have occurred." See Transcontinental Ins.
A physician's affidavit in opposition to a summary judgment motion must attest to the departure from accepted practice and must contain an opinion that the challenged acts or omissions were a competent producing cause
of the injury.
Because both producing cause and proximate cause require proof that a CGL insurance policy would have covered the damages, we consider whether Lin submitted legally sufficient evidence to carry his burden.
In 1979, the Legislature amended the provision in the DTPA to change the causation standard from "adversely affected" to the current "producing cause" standard (Tex.
This doctor's testimony advises that the accident was "the competent producing cause of the injury." Usually this causal connection is stated with "a reasonable degree of medical certainty." However, the doctor's "certainty" of the causal link may often be based on incomplete data or subjective beliefs that are not necessarily supported by an objective analysis of the circumstances of the accident.
The plaintiff's treating physician may deem the subject accident, which the plaintiff may verbally describe, to be the competent producing cause of the serious injury.
In New York personal injury trials, the task of proving the essential element of causation--the required "cause and effect" relationship between accident and injury--ordinarily falls to the plaintiff's doctor, whose testimony advises that the accident was "the competent producing cause of the injury." Usually this causal connection is stated with "a reasonable degree of medical certainty." However, the doctor's "certainty" of the causal link may often be based on incomplete data or subjective beliefs not necessarily supported by an objective analysis of the facts and circumstances of the accident.
The plaintiff's treating or examining physician may pronounce that the subject accident (usually verbally described by the plaintiff) was the competent producing cause of the serious injury, without a review of any documentary material such as accident reports prepared by investigating police officers or accident participants, deposition testimony of the parties, property damage photographs or repair documents.
* Was there a design defect in Vioxx that was a producing cause
of the death?
Therefore, to entitle a broker to compensation, courts offered an assortment of definitions on what efforts constitute procuring cause including: efforts which "effected the sale," efforts which were the "direct and efficient cause of the sale," "efforts and instrumentality through which the transaction was induced," efforts that were "the producing cause
" and efforts which were the "predominantly efficient cause and really effective means which effected a sale."
To complicate matters, the company became a defendant in a pending lawsuit, in which the plaintiff alleges that product defects, breach of warranties, and the failure to give adequate warning or instructions concerning the safe use of tuberculosis drug Isoniazid were a producing cause
of injury, damages, and the eventual death of the plaintiff.