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United Kingdom causationclinical negligenceloss of chance

Hotson v East Berkshire Area Health Authority

[1987] AC 750; [1988] UKHL 1
JurisdictionUnited Kingdom
CourtHouse of Lords
Year1988
StatusBinding authority

Key Principle

Causation in a personal-injury negligence claim is determined on the balance of probabilities as a question of past fact: where the claimant cannot show it was more likely than not that the defendant's negligence caused the injury, the claim fails, and damages cannot be awarded for a less-than-even 'lost chance' of avoiding the injury.

Area of Law

Tort

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