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Causation in Medical Law

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THE BUT FOR TEST-CAUSATION
WHAT ARE THE PROBLEMS WITH BUT FOR TEST? SEE RECORDING
BONNIGTON V WARDLAW
THERE WAS SOME EXPOSURE THAT WAS NON NEGLIGENT - NO BREACH OF DUTY FOR
THIS PART
PNEUMOCONIOSIS = GRADUAL BUILDING FROM NEGLIGENT+ NON NEGLIGENT
EXPOSURE
ANY CONTRIBUTION WHICH IS NON DE MINIMIS IS SUBSTANTIAL AND IF YOU PROVE IT,
YOU ESTABLISH CAUSATION.
MCGHEE V NATIONAL COAL BOARD: DIFFERENCE WITH BONNIGTON:
MEDICAL UNCERTAINTY AS TO HOW THE INJURY HAD BEEN CAUSED. WAS THE
EXPOSURE OR THE PERIOD AFTER THAT WHEN HE HAD TO CYCLE HOME WITHOUT
HAVING HAD A SHOWER.
NO DIFFERENCE BETWEEN MATERIALLY INCREASING THE RISK AND MATERIALLY
CONTRIBUTING TO THE RISK, IF THE RISK EVENTUATES.
WILSHER V ESSEX AUTHORITY:
HIGH COURT, COURT OF APPEAL: FOLLOWED MCGHEE , MATERIAL CONTRIBUTION TO
INCREASING THE RISK.
HOUSE OF LORDS: THE ONUS OF PROOF ON THE CLAIMANT, NO MCGHEE. 5 POSSIBLE
CAUSES. MCGHEE DOESN’T STAND IN THIS SCENARIO : HERE WE HAVE 5 DIFFERENT
AGENTS, 5 POSSIBILITIES, SOME AGENTS NEGLIGENT AND SOME NON-NEGLIGENT.
DO YOU AGREE WITH HOUSE OF LORDS?
FAIRCHILD:
LORD BIRGHAM, LORD NICHOLLS, LORD HOFFMAN
DINSTICTION BETWEEN MEDICAL NEGLIGENCE + RELAXED /MODIFIED TEST OF
CAUSATION
MCGHEE AND BONNIGTON NOT ACCUMULATIVE CAUSES
2I ORA IXOGRAFISI 10
BAILEY V MINISTRY OF DEFENCE
SHE RECOVERED THE ENTIRETY OF DAMAGES. DIFFERENCE BETWEEN DIVISIBLE AND
INDIVISIBLE INJURY: AN INDIVISIBLE PAIRNEIS OLO TO POSO.
KAYSFORE CASE?? READ JACKSON’S BOOK, APPLICATION OF BAILEY
HOW DO THESE CASES COMPARE TO LOSS OF CHANCE CASES?

ESSAY QUESTION:
ONE CANNOT DRAW A DISTINCTION BETWEEN MEDICAL CASES AND OTHERS ( WALLES
LJ IN BAILEY). DISCUSS.
DRAW AN ESSAY PLAN:
INTRODUCTION:
THE MODIFIED AND RELAXED TEST OF CAUSATION NORMALLY APPLIED IN MEDICAL
CASES WAS ALSO APPLIED TO THREE EMPLOYMENT CASES.
BAILEY WAS THE FIRST CASE WHERE IT WAS SAID THAT THERE IS NO DISTINCTION
BETWEEN MEDICAL CASES AND NON MEDICAL CASES. BEFORE BAILEY THERE WAS A
DISTINCTION.
IN PAST CASES BUT FOR TEST AND CAUSATION RULES SHOULD BE RELAXED IN ORDER
FOR THE VICTIMS TO HAVE A COMPENSATION FOR THE NEGLIGENCE OF THE DOCTORS.
REDRESS INJUSTICE.
POLICY CONSIDERATIONS
EXPLAIN THE DEVELOPMENT OF THE RELAXED TEST.
NA PIGAINOUME STA EPIXEIRIMATA KAPOIWN DIKASTWN KAI META STI DIKI MAS
APOPSI.
SOME PEOPLE SAY THIS, SOME OTHERS SAY

TWO PAGES TYPED ARGUMENTS IN BEHALF OF THE CLIENTS…...

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