‘High Court considers causation in clinical negligence’

Pomphrey v Secretary of State for Health and Anor [2019] 4 WLUK 483 – decision not yet on Bailii but available on Lawtel. This case concerned an alleged failure to diagnose compression of nerve roots leading to cauda equina and alleged delay in operating urgently. It raises an important issue in relation to causation and the applicability of the famous decision of Chester v Afshar [2004] UKHL 41. The Claimant advanced a range of arguments on breach of duty against a number of individuals in respect of a failure to refer for earlier surgery for symptoms of early onset cauda equina, all of which failed having regard to a careful analysis of the factual and expert evidence … (more)

[Jeremy Hyam, UK Human Rights Blog, 22 May]

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