Dekinar Recording: Causation in Clinical Negligence Claims

News

21/04/2023

In yesterday’s webinar, Paul Stagg, Ella Davis and Susanna Bennett spoke about causation in clinical negligence claims. They covered 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.

If you missed it, you can view it here:

Featured Counsel

Paul Stagg KC

Call 1994 | Silk 2024

Ella Davis

Call 2013

Susanna Bennett

Call 2017

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