In Barnett v Kensington and Chelsea Hospital [1969] 1 QB 428 the hospital breached the duty of care owed to a patient in that a doctor failed to carry out a proper examination. The patient died of arsenic poisoning. However, the evidence showed that he would have died even if the doctor had examined him. Therefore, there was no factual causation, the ‘but for’ test having not been satisfied. It was, however, accepted that the doctor had been in breach of his duty.