||All England Reporter
|| All ER (D) 134 (Mar)
|| EWCA Civ 223
||Court of Appeal, Civil Division
Sedley, Rix LJJ and Bennett J
||Simeon Maskrey QC and Vanessa Marshall (instructed by Brindley Twist Tafft & James) for the claimant.
||Kieran Coonan QC and Nicholas Peacock (instructed by the Medical Protection Society) for the defendant.
||8 March 2005
Negligence - Medical practitioner - Causation - Judge finding causation not established - Correctness of decision.
The claimant's claim for negligence against her deceased husband's general practitioner was remitted for retrial, because the judge had placed more weight on literature referred to by the defence expert than he should have done in the circumstances, and the claimant had been deprived of the opportunity to show the judge that the literature did not support the defence expert's evidence.
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