Negligence Damage A03 Flashcards
1
Q
What are the 2 WDPs for damage
A
‘But for’ test
Thin skull rule
2
Q
+P1: ‘But for’ test is fair on DF only liable if it is proven that….
A
their acts/omissions have caused damage → would be unfair if they were liable if the CL were going to suffer harm regardless
3
Q
-DP1: Barnett v Chelsea & Kensington was fair and justified as…..
A
the patient would have died regardless of the treatment HOWEVER, the failure to even attempt treatment is the doctors ignoring their responsibility which is unfair
4
Q
+WDP1: Chester v Afshar confirmed that the ‘but for’ test can be decided on….
A
policy grounds which prevents the Dr escaping liability and is still responsible as he didn’t tell the CL of the risks → clarified the law so Drs aren’t bound to the strict rules of causation
