Causation Archives - Page 3 of 3

Relationship Between Criminal and Civil Liability under the Occupiers’ Liability Act and Causation

Mrs James v The White Lion Hotel [2020] 1 WLUK 39 This article originally appeared in Issue 4 (March 2020). The facts The Deceased fell out of the sash window of a second-floor hotel room in the middle of the night and died. The sill of the window was much…

By Cara Guthrie March 1, 2020Issue 4, Personal injuryCausation

Clinical Negligence Issue 4

Damned Lies: Risk, Statistical Association and Causation

Clements v Imperial College Healthcare NHS Trust [2018] EWHC 2064 AB v East Lancashire Hospitals NHS Trust [2019] EWHC 3542 (QB) This article originally appeared in Issue 4 (March 2020). We are all familiar with the challenge of proving that a given breach of duty was causally relevant to injury…

By John Whitting KC March 1, 2020Clinical Negligence, Issue 4Causation, Statistics

Clinical Negligence Issue 4

How Rare is a Rare Complication?

Collyer v Mid Essex Hospital Services NHS Trust [2019] EWHC 3577 (QB) This article originally appeared in Issue 4 (March 2020). The Facts The Claimant underwent a planned surgical removal of his larynx in order to treat recurrent laryngeal cancer. There was no disagreement that this was the only appropriate…

By Dominic Ruck Keene March 1, 2020Clinical Negligence, Issue 4Causation

Clinical Negligence Issue 3

Causation and Pragmatism

Marshall v Schembri [2019] EWHC 283 (QB) This article originally appeared in Issue 3 (November 2019). In this judgment of Stewart J the court considered a claim brought by the widower of a woman who died due to cardiac arrest. She had a history of pulmonary embolism (“PE”). It was…

By Rajkiran Arhestey November 1, 2019Clinical Negligence, Issue 3Causation

Inquests Issue 3

Causation and Inquests

R (Chidlow) v HM Senior Coroner for Blackpool and Fylde [2019] EWHC 581 (Admin) This article originally appeared in Issue 3 (November 2019). The facts The Divisional Court heard a challenge to a coronial determination that it was not safe to leave the issue of any potential causal link between…

By Dominic Ruck Keene November 1, 2019Inquests, Issue 3Causation, Galbraith plus, jury inquests

Clinical Negligence Issue 3

Expert Evidence and Material Contribution

Arksey v Cambridge University Hospitals NHS Foundation Trust [2019] EWHC 1276 (QB) This article originally appeared in Issue 3 (November 2019). Background On 3 November 2012, the Claimant suffered a cerebral aneurysm rupture. She was taken by ambulance to Addenbrooke’s Hospital complaining of symptoms principally of confusion. She was discharged…

By Dominic Ruck Keene November 1, 2019Clinical Negligence, Issue 3Causation, Experts, material contribution

Clinical Negligence Issue 1

Damages and the scope of duty

Meadows v Khan [2019] EWCA Civ 152 This article originally appeared in Issue 1 (May 2019). In this case the Court of Appeal confirmed that when considering the question of liability for damages in negligence for wrongful birth, the correct test was the ‘scope of duty’ test in Australia Asset…

By Suzanne Lambert May 1, 2019Clinical Negligence, Issue 1Causation, Scope of duty, Wrongful birth

Clinical Negligence Issue 1

Causation and the Chester Principle

Paul Pomphrey v Secretary of State for Health (2) North Bristol NHS Trust (3) [2019] 4 WLUK 483 This article originally appeared in Issue 1 (May 2019). This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It…

By Jeremy Hyam KC May 1, 2019Clinical Negligence, Issue 1cauda equina, Causation

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