Private Law Theory

INTRODUCTION
The recent case of Hazhar Shally v Imperial College Healthcare NHS Trust (‘Hazhar Shally’), which is the subject of this note, raises two issues. The first relates to whether the burden of proof may be shifted to the defendant once the the claimant establishes that the defendant had departed from accepted medical practice. The second relates to how one may be able to particularise a claim in negligence on the basis that a doctor should have consulted a colleague before undertaking a complex procedure but did not do so …

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Soh Kian Peng, ‘Shifting the burden of proof in medical negligence – a wrong turn: Hazhar Shally v Imperial College Healthcare NHS Trust’ (2024) 40(1) Professional Negligence 31-35.