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23 November 2012 / Dr Chris Pamplin
Issue: 7539 / Categories: Features , Expert Witness
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Cause & effect

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Chris Pamplin looks back at clinical negligence case law and finds a relaxation in the burden of proof

Causation in negligence cases has traditionally been determined by the “but for” test. However, in complex cases, while the experts might agree that a clinical practitioner fell short of the standard of competence expected of the profession, they might be unable to agree that it was this negligence that caused the claimant’s injury. Three cases offer insights to how the courts deal with such a situation.

Telles v SW Strategic Health Authority

In Telles v South West Strategic Health Authority [2008] EWHC 292 (QB), a one-day-old child was found to have a heart defect and a high level of metabolic acidosis. Following the diagnosis, the child was admitted to the Bristol Children’s Hospital for treatment. She subsequently underwent three operations. Following the enquiry into the cases of children’s heart surgery at the Bristol Royal Infirmary, a claim was brought, on behalf of the child, maintaining that:

  • the surgeons had been negligent in the
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

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Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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