Elisha Woods v Doncaster and Bassetlaw Teaching Hospitals NHS Foundation Trust
[2024] EWHC 1432 (KB)
Causation in clinical negligence: The claimant must prove on the balance of probabilities that the defendant's breach of duty caused or materially contributed to their injuries.
Common law principles of negligence
The claim failed.
While the judge found that the Claimant suffered HIE as a result of the Defendant's admitted breach of duty, he could not establish on the balance of probabilities that the HIE caused his long-term developmental problems beyond the immediate postnatal period. The judge found that the Claimant's retinal dystrophy and microcephaly were more likely caused by a genetic syndrome rather than the HIE. The judge also noted the absence of a clear causal link between the HIE and his other developmental issues given his visual impairments.
[2024] EWHC 1432 (KB)
[2024] EWHC 2023 (KB)
[2023] EWHC 1921 (KB)
[2023] EWCA Civ 1330
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