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Causation (law) - Medical negligence - Tort law Chester v Afshar [2004] UKHL 41 is an important English tort law case regarding causation in a medical negligence context. In it, the House of Lords decided that when a doctor fails to inform a patient of the risks of surgery, it is not necessary to show that the failure to inform caused the harm ...
Hotson v East Berkshire Area Health Authority [1987] 2 All ER 909 is an English tort law case, about the nature of causation. [1] It rejects the idea that people can sue doctors for the loss of a chance to get better, when doctors fail to do as good a job as they could have done.
84. Academic writers have suggested that in cases of clinical negligence, the need to prove causation is too restrictive of liability. This argument has appealed to judges in some jurisdictions; in some, but not all, of the States of the United States and most recently in New South Wales and Ireland: Rufo v Hosking (1 November 2004) [2004] NSWCA 391); Philp v Ryan (17 December 2004) [2004] 1 ...
Alternative, a New Trial, Because Mr. Pledger Failed to Prove Causation. 16. A plaintiff must prove both medical (factual) causation and warnings (proximate) causation to establish a prima facie case of a negligent failure-to-warn claim. See, e.g., Tidwell v. Upjohn Co., 626 So. 2d 1297, 1300 (Ala. 1993) (recognizing that to establish medical
Although the hospital had breached the standard of care, that breach was held to not be a cause of Mr. Barnett's death. [1] A doctor’s refusal to treat a patient who appears before him after swallowing arsenic is not a cause of fact in the patient’s subsequent death if it is established that even proper treatment would not have saved him.
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
The claimant sought damages from the health board for negligence on the part of the doctor for failing to advise her on the risk of shoulder dystocia. The Court of Session ruled that there was no negligence based on the Hunter v Hanley test and that there was no causation since the claimant would not have submitted to a caesarean birth even if ...