breach of duty – Montico

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Causation in negligence, once Breach of Duty has been established. The ‘but for’ test, ‘material contribution,’ and ‘loss of a chance’

Richard_Montgomery 6 August 2020 No Comments breach of duty but for causation loss of a chance material contribution multiple causes of injury negligence single cause of injury

Single negligent cause of injury. If Claimant can prove that, but for the Defendant’s negligence, the injury would not have occurred, then causation is established…

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When post-event published literature can be used, and when it can’t

Richard_Montgomery 15 July 2020 No Comments breach of duty causation condition & prognosis management references textbooks

Sometimes cases come to medical negligence litigation many years after the event. My record so far was litigation 40 years after the event. Litigation was…

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What constitutes a Breach of Duty?

Richard_Montgomery 14 July 2020 No Comments autonomy balance of probabilities Bolam bolitho breach of duty breech of duty burden of proof city & hackney duty of care Montgomery standard of proof

In a medical negligence claim, a Claimant must establish firstly that the Defendant breached his duty of care, and secondly that the breach caused or…