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Update: clinical negligence

Dr Jock Mackenzie considers cases on causation where there are several possible causes of injury; on the importance of timings to causation in cerebral palsy cases; and on factual dispute involving expert evidence

23 June 2009

In Ayesha Canning-Kishver (By Her Mother & Litigation Friend Shahana Kishver) v Sandwell & West Birmingham Hospitals NHS Trust [2008] EWHC 2384 (QB), the High Court applied the Court of Appeal’s recent judgment in Bailey v Ministry of Defence [2008] EWCA Civ 883 (see ‘Update: personal injury and clinical negligence’, Solicitors Journal, 152/40, 21 October 2008) on causation; a case which further emphasised the correct test to apply in cases of medical causation where there may be a number of possible causes of injury but medical science is only able to identify that the negligence contributed to the injury more than negligibly, rather than that but for the negligence the injury would not have happened.

Expert evidence

In the instant case, the court had to consider both breach and causation based on the expert evidence. The claimant, who had been born prematurely and who suffered with cerebellar atrophy and conseque...

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