Litigation Recent Decisions 25/11/97

Decisions are taken from Lawtel's legal database. LTL: Lawtel report; TLR: Times Law Reports; ILR: Independent Law Report.

Plaintiff must prove causation to establish negligence claim

Bolitho v City and Hackney Health Authority (1997)

Court: HL (Lords Browne-Wilkinson, Slynn, Nolan, Hoffmann and Clyde) 13/11/9Summary: In cases of professional negligence the onus is on the plaintiff to prove causation. To succeed in a case where two possible forms of medical treatment were available, it must be shown it was negligent to adopt the form of treatment followed in preference to the other.