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A Practical Guide to Material Contribution in Clinical Negligence

A Practical Guide to Material Contribution in Clinical Negligence

Author: Rhodri Jones
Publisher: Law Brief Publishing
ISBN: 9781916698130
Published In: October 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 699.86

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Description
Contents

Details

The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence.

As with many areas of common law, the courts have attempted to define the factual characteristics of cases where material contribution causation can apply. It is commonly plead in clinical negligence where there are a range of potentially causative agents in operation and where the limitations of medical science prevent the application of traditional ‘but for’ causation. The courts have sought to categorise injuries and diseases in respect of their characteristics of ‘divisibility’ and ‘indivisibility’. These terms have not however been applied and interpreted consistently. It is anticipated that clarification will be provided by the Supreme Court in due course.

The aim of this book is to set out the legal landscape as it stands and provide practical assistance to enable claimants and defendants to argue their cases in causation.

Introduction

Chapter One – Fundamentals of Material Contribution

Chapter Two – Categories of Disease and Injury

PART ONE: ORIGINS OF MATERIAL CONTRIBUTION IN OCCUPATIONAL DISEASE

Chapter Three – A Single Causative Agent From Two Sources

Chapter Four – Material Contribution to the Risk

Chapter Five – Recent Occupational Disease Cases Considering Material Contribution

PART TWO: CLINICAL NEGLIGENCE

Chapter Six – Unsuccessful Application of Material Contribution in Clinical Negligence

Chapter Seven – Successful Application of Material Contribution in Clinical Negligence

Chapter Eight – Apportionment

Chapter Nine – Consecutive and Concurrent Causative Agents