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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

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
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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>

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