#causation #law #negligence #tort

Hotson v East Berkshire Health Authority [1987] AC 750

Here, a child fell from a tree and broke his leg. The hospital was negligent in its treatment and the child was left paralysed. However, the medical evidence in this instance indicated that there was a 75 per cent risk that the broken leg would have left the plaintiff with paralysis even if the hospital treatment had been perfect. The Court of Appeal awarded the plaintiff 25 per cent of the total value of his claim, on the basis that the child had lost his 25 per cent chance of recovery, (the so-called ‘loss of a chance’ argument). On appeal by the defendant, the House of Lords rejected this argument. Causation should be based on the damage caused, not loss of a chance, and the reality of the situation was that the child was most likely paralysed by the original fall. His claim, therefore, failed.