Co-existing negligent and non-negligent causes

Bailey v Ministry of Defence and another [2008] EWCA Civ 883 TLR 26 August

During the investigation of a possible gallstone at St Mary Hospital, Plymouth, which was under the management of the Ministry of Defence, the claimant became so weakened that she aspirated her vomit, causing a cardiac arrest and hypoxic brain damage. The judge found that there had been two probable causes of the weakness that lead to the injury, one caused by negligence and the other being non-negligent. He found that both had materially contributed to the injury, and therefore causation was established.