Source: All England Reporter
Publisher Citation: [2002] All ER (D) 265 (Oct)
Neutral Citation: [2002] EWCA Civ 1406
Court: Court of Appeal, Civil Division

Schiemann, Mantell and Mance LJJ

Representation Brian Langstaff QC and Simon Taylor (instructed by Pannone & Partners) for the claimant.
  David Foskett QC and Caroline Harry Thomas (instructed by Hempsons) for the defendant.
Judgment Dates: 18 October 2002


Medical practitioner - Negligence - Causation - Burden of proof - Breach of duty causing or materially contributing to damage - Judge finding no link established between doctors' negligence and claimant suffering cerebral oedema.

The Case

On the facts and the evidence in the instant case, the judge had been entitled to find that no relevant link had been established between the defendant's negligence and the cerebral oedema and consequent brain damage that the claimant had suffered.

Practice Areas

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