免责声明:本网站不构成法律建议。法律法规和判例法会发生变化。请务必就您的具体情况咨询合格的律师。

所有案例
Medical Negligence
House of Lords
1988

Wilsher v Essex Area Health Authority

[1988] AC 1074

判决理由

Where there are multiple possible causes of the claimant's injury, the claimant must prove on the balance of probabilities that the defendant's negligence was a cause. The McGhee material contribution approach does not apply where there are distinct competing causes.

事实

A premature baby was given excess oxygen due to a junior doctor's negligence. The baby developed retrolental fibroplasia (blindness), but this condition had five possible causes.

判决摘要

The House of Lords ordered a retrial. The claimant had to prove that the excess oxygen was a cause of the blindness, not merely that it increased the risk. McGhee did not establish a general principle that increasing risk equated to causation.

关键引述

"A plaintiff must prove on the balance of probabilities that the defendant's breach of duty caused or materially contributed to his injury."

Lord Bridge

后续处理

Good law

Key authority distinguishing material contribution from material increase in risk.