causation – 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…