“House of Lords clarifies causation test in medical negligence claims”
A 13-year-old boy fell from a rope and injured his hip. The hospital negligently failed to diagnose a fracture for 5 days. The boy developed avascular necrosis of the femoral head, but medical evidence showed he had only a 25% chance of avoiding this condition even with immediate proper treatment.
Whether the defendant's negligent delay in diagnosis caused or materially contributed to the claimant's avascular necrosis when there was only a 25% chance of avoiding the condition with proper treatment.
The House of Lords allowed the health authority's appeal. The claimant failed to establish on the balance of probabilities that the negligent delay caused or materially contributed to the avascular necrosis.
This case established the orthodox approach to causation in medical negligence, rejecting 'loss of chance' as a basis for recovery in tort law. It remains the leading authority on factual causation in clinical negligence cases.
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OSCOLA Citation
Hotson v East Berkshire Area Health Authority [1987] AC 750 (HL)
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