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p. 616. Clinical negligencelocked

  • Charles Foster


‘Clinical negligence’ discusses no-fault schemes and the elements of clinical negligence claims in tort. A claimant must prove that the defendant owed him a duty of care, there has been a breach of that duty, the breach has caused damage, and of a type recognized by the law of tort. The test for breach of duty is the Bolam test, which says that a professional will be in breach of duty if what they have done would not be endorsed by any responsible body of opinion in the relevant specialty. The ‘but-for’ causation rule, loss of chance, material contribution to injury and risk of injury, consent cases, and hypothetical causation are explained.

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