Dekinar: Causation in Clinical Negligence Claims

Webinars

Published: 14/04/2023

Event Date:

In this webinar, Paul Stagg, Ella Davis and Susanna Bennett speak about causation in clinical negligence claims. They cover causation issues which frequently crop up in practice, including:

  • The difficulties of establishing causation in consent claims: the subjective test, the influence of hindsight on claimants’ evidence, and the relevance of evidence of what patients normally do;
  • Material contribution causation in cases of acute profound hypoxic ischaemia, following the decision of CNZ v Royal Bath Hospitals NHSFT [2023] EWHC 19 (KB);
  • The recoverability of damages where the complaint is the loss of a chance of a better medical outcome;
  • The relevance of the “but for” causation test to cases where scope of duty is in issue, for example:
    • Consent claims in which C would, absent the negligence, have had surgery on a later date;
    • Cases of delayed surgery in which a recognised (non-negligent) complication materialised.

View the slides – Causation in Clinical Negligence Claims

Featured Counsel

Paul Stagg KC

Call 1994 | Silk 2024

Ella Davis

Call 2013

Susanna Bennett

Call 2017

Latest News & Events

We are delighted to welcome Nick Beechey and Nasreen Shah to Deka Chambers

They join us from Great James Street Chambers.   Nick is an experienced leading junior, noted for his particular ability to cut through complex issues of fact and law in order to get to the heart of the case. Nick’s practice is in defending clients…

The Dekagram: 13th July 2026

This week Anirudh Mandagere has written a longer briefing on the use by lawyers of artificial intelligence and how to avoid being accused of negligence (it’s not as straightforward as you may think); the link to his briefing is here. Meanwhile Sarah Prager KC draws…

You could be liable for not using AI. Read this article to find out why

The UK Jurisdiction Taskforce have produced a Legal Statement on Liability for AI Harms. Given that very few cases have reached the courts, the Legal Statement provides much-needed guidance to legal advisors and representatives. In this article Anirudh Mandagere sets out the key aspects of…

© Deka Chambers 2026

Search

Portfolio Builder

Select the expertise that you would like to download or add to the portfolio

Download    Add to portfolio   
Portfolio
Title Type CV Email

Remove All

Download


Click here to share this shortlist.
(It will expire after 30 days.)