“Medical negligence requires proof of causation despite multiple potential causes.”
A premature baby suffered retinal damage leading to blindness. Medical staff had negligently administered excess oxygen and failed to monitor blood oxygen levels properly. However, the child had multiple risk factors for the condition.
Whether causation could be established in medical negligence where the negligent act was one of several possible causes of the harm.
The House of Lords allowed the health authority's appeal, ordering a retrial. The claimant had failed to prove on the balance of probabilities that the negligent excess oxygen caused the blindness.
Clarified the limits of McGhee and established that multiple potential causes of harm require conventional proof of causation. Essential for understanding medical negligence and factual causation in tort law.
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OSCOLA Citation
Wilsher v Essex Area Health Authority [1988] AC 1074 (HL)
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