Bolitho v City & Hackney HA

[1998] Lloyd's Rep Med 26

HOUSE OF LORDS

Lord BROWNE-WILKINSON, Lord SLYNN of Hadley, Lord NOLAN, Lord HOFFMAN, and Lord CLYDE

Negligence — Evidence — Causation — Negligent omission — Medical practitioner — Correct approach to causation — Correct approach to expert evidence — Professional liability — Paediatric registrar — Causation — Failure to attend child with respiratory difficulties — Child suffering cardiac arrest and resulting brain damage — Registrar admittedly negligent in failing to attend — Whether registrar would have intubated if she had attended — Accepted medical practice — Whether judge bound to rely on evidence of experts available to him — Duty on plaintiffs to prove that doctor would probably have taken specific action, and that if she did not do so her failure was contrary to accepted medical practice