Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 19 OCTOBER 2018

Brain-Damaged Child's Negligence Claim Fails On Causation

Hodge Jones & Allen LLP
Explore more from Hodge Jones & Allen LLP

Personal injury analysis: James Bell, a partner in Hodge Jones & Allen's medical negligence team, examines a Queen's Bench Division decision that the claimant patient had not established that the defendant hospital's breaches of duty ...

United KingdomLitigation, Mediation & Arbitration
James Bell
James Bell

Personal injury analysis: James Bell, a partner in Hodge Jones & Allen's medical negligence team, examines a Queen's Bench Division decision that the claimant patient had not established that the defendant hospital's breaches of duty in treating her when she fell ill after brain surgery had caused her brain damage.

NAX v King's College Hospital NHS Foundation Trust [2018] EWHC 1170 (QB), [2018] All ER (D) 103 (May)

What are the practical implications of the judgment?

Proving causation in medical negligence cases remains very difficult. After Bailey v. MOD [2008] EWCA Civ 883 and the Bermudan case of Williams v Bailey [2016] UKPC 4 there has perhaps been a general perception amongst clinical negligence lawyers that in a case where medical science cannot establish the probability that 'but for' an act of negligence the injury would not have happened but can establish that the contribution of the negligent cause was more than negligible, the 'but for' test is

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Meta's $18 Billion Settlement: Reckoning Or Managed Exit?

Meta has agreed to pay up to $18 billion over 10 years to settle claims by 52 US state and territory attorneys general in the largest state consumer-protection settlement in American history outside tobacco. The settlement imposes binding child-safety obligations including time limits and age assurance, but leaves the core algorithmic feed unchanged and raises questions about whether this represents genuine accountability or a commercially managed outcome.
United KingdomLitigation, Mediation & Arbitration
Mishcon de Reya LLP
Mishcon de Reya LLP
Article

Game Developer And Publisher Battle Over Step In Rights

A High Court ruling examines a contentious dispute between a video game developer and publisher over milestone-based funding and "step in" rights for the first-person shooter Six Days in Fallujah. With over $50 million in development costs at stake and allegations of conspiracy to acquire proprietary source code, the court declined to grant either party interim control of the game's development, leaving both sides without the "keys to the kingdom" pending a full trial.
United KingdomLitigation, Mediation & Arbitration
Lewis Silkin
Lewis Silkin
Article

AI In Court: CJC Issues Final Report On The Use Of AI In Preparing Court Documents

The Civil Justice Council has released its Final Report on AI use in court documents, proposing 15 recommendations that balance innovation with integrity in civil litigation. The report introduces differentiated disclosure requirements for witnesses versus experts, while maintaining existing professional duties for legal representatives in written advocacy.
United KingdomLitigation, Mediation & Arbitration
Gowling WLG
Gowling WLG
Video

One-Punch Manslaughter – When A Single Blow Kills (Video)

A split-second decision can change lives forever. In one-punch manslaughter cases, a single impulsive blow, perhaps thrown in anger, fear or misguided bravado, leads to a tragic death. These ‘death by a single punch’ incidents are more common in the UK than many realise. Dozens of families every year are left devastated, with one family grieving an unimaginable loss, and another family shocked and fearful as their loved one faces a homicide investigation for an outcome no one intended. It’s a tragic reality, one moment of anger, one fatal assault involving a single blow, and two lives (and families) ruined.
United KingdomLitigation, Mediation & Arbitration
Olliers Solicitors
Olliers Solicitors
Article

LNG Charterparty Hire Formula: Meaning Of JKM–TTF Pricing Spread

The Commercial Court ruled on a USD 29 million dispute over an LNG carrier charterparty's index-linked pricing formula, determining whether the "JKM-TTF spread" operated bidirectionally or only when JKM exceeded TTF. The decision examines how unprecedented market conditions—where European gas prices surged above Asian prices due to the Ukraine war—tested the contractual formula's application and whether rectification could remedy an alleged drafting oversight.
European UnionLitigation, Mediation & Arbitration
CMS Wistrand
CMS Wistrand