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, [...]. It was, however, accepted that the doctor had been in breach of his duty.
Answer
there was no factual causation, the ‘but for’ test having not been satisfied
Tags
#causation #law #negligence #tort
Question
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, [...]. It was, however, accepted that the doctor had been in breach of his duty.
Answer
?
Tags
#causation #law #negligence #tort
Question
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, [...]. It was, however, accepted that the doctor had been in breach of his duty.
Answer
there was no factual causation, the ‘but for’ test having not been satisfied
If you want to change selection, open original toplevel document below and click on "Move attachment"
Parent (intermediate) annotation
Open it 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, <span>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.<span><body><html>
Original toplevel document (pdf)
cannot see any pdfs
Summary
status
not learned
measured difficulty
37% [default]
last interval [days]
repetition number in this series
0
memorised on
scheduled repetition
scheduled repetition interval
last repetition or drill
Details
No repetitions
Discussion
Do you want to join discussion? Click here to log in or create user.