The Dynamics of Negligence and Causation in English Medical Law
African Journal of Law and Criminology, Vol. 1, No. 1, pp. 69-77, February 2011
9 Pages Posted: 4 Feb 2011 Last revised: 2 Aug 2011
Date Written: February 4, 2011
Abstract
The paper evaluates the very complex issue of clinical negligence which in the past few years has attracted a significant amount of legal debates in England and Wales. Much of the debate has been on, how causation interconnects responsibility and harm. The paper discusses the concept of negligence. By focusing largely on two major cases that produced opposing rulings namely Gregg v. Scott [2005] UKHL 2 and Chester v. Afshar [2004] UKHL 41; the paper explains the implications of the two cases to the current state of the law.
Keywords: Negligence, Causation, Loss of Chance
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