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Defining Causation In Medical Negligence Claims
Use our guide to learn what causation is, how it applies and how our solicitors can help you pursue the maximum compensation in your own claim.
£100 million in compensation
Defining Causation In Medical Negligence Claims
Use our guide to learn what causation is, how it applies and how our solicitors can help you pursue the maximum compensation in your own claim.
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At JF Law, we understand that making a compensation claim can feel daunting and overwhelming. One of the most crucial and confusing aspects of starting a medical negligence claim is the principle of causation.
Causation is a fundamental legal concept in medical negligence claims. It is a requirement that must be proven for successful claims, and in essence, it means that we need to prove a link between the defendant’s actions and the harm or injury that you sustained.
In simple terms, when seeking compensation, it is not sufficient to show that you’ve been avoidably harmed, but you must also be able to prove that a medical professional’s negligent actions or inactions were the cause of your injuries.
To learn more about causation and how our solicitors could help determine this, please get in touch with us today. At JF Law, our advisory team are friendly and knowledgeable. They can listen to your experience, assess the validity of your claim and connect you with one of our specialist negligence solicitors.
Additionally, this consultation is completely obligation free, meaning you can find out more information about starting a claim with no requirement to continue. To reach our advisors, you can:
- Call us on 0151 375 9916
- Contact us online
What Is Causation?
Causation is an assessment to determine whether a defendant’s actions or omissions were a direct cause of the harm suffered by the claimant. In simple terms, causation is the need to prove that the unnecessary harm or injuries you suffered were actually caused by a medical professional’s actions or omissions.
In law, we must show that a defendant was negligent, and this directly led to your injury or worsened a pre-existing condition.
Causation is a demonstration of a clear link, or chain, between the defendant’s breach of duty and the injury that you suffered.
For example, if you were scheduled for surgery on your right wrist, but it was performed on your left when the surgeon failed to check your notes, the unnecessary surgery and worsening condition of your right wrist can both be clearly linked to the failure.
If you’d like any further information about what causation is, please get in touch with us today.
What Are The Two Main Stages Of Causation?
The two stages of causation in law are factual causation and legal causation. We discuss the definition of these stages below:
Factual Causation
Factual causation is a fundamental legal requirement that establishes a direct link between the negligent act of the defendant and the harm caused to the claimant.
It is the first step in proving liability in tort law, and utilises the ‘but for’ test. Essentially, we must demonstrate that the harm would not have occurred, but for the defendant’s negligent action or omission.
Legal Causation
Legal causation is a legal principle that determines whether a defendant should be held liable for the harm and injuries caused to the claimant.
When establishing this principle in law, it must be shown that the defendant’s action or omission was a significant and operating cause of the harm.
In order to show this, we must ensure that the damage caused by negligence is not too remote, and that no intervening acts broke the chain of causation.
For more information on factual or legal causation, please get in touch with our advisors today.
Why Is Causation Important?
Causation is crucial because it determines a cause and effect relationship. It acts as a bridge, in showing that the defendant is legally responsible for the harm caused. Causation connects the defendant’s failure in upholding their duty to the harm caused as a result of this.
Without causation, it is impossible to establish that a breach of duty directly led to the harm suffered, and the basis of tort law relies upon the principle of causation.
For more information on the importance of causation, contact our advisors for free today.
What Is Needed When Proving Causation?
The key requirements needed to prove causation are the two stages of causation, material contribution as well as evidence and documentation.
Material contribution is a principle used to establish causation when a defendant’s breach, even if not the sole cause, made a significant contribution to the claimant’s injuries or harm.
It is applicable if scientific or medical evidence is unable to confirm whether the injury would have been avoidable but for the breach and is more commonly used in complex medical negligence claims.
In addition to material contribution, claims heavily rely upon strong evidence to prove causation and negligence. This could include expert evidence, where qualified professionals can demonstrate the link between the negligence and injuries, detailed medical documentation showing the extent of harm after the incident and official reports.
At JF Law, our specialist solicitors will assist you in gathering this crucial evidence, to build a reliable body that strengthens the basis of your claim. Get in touch with us today for more information on how we can help prove causation.
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possible for our clients.
We pride ourselves on providing the best service possible for our clients.
What Is Meant By The “But For” Test?
The but-for test is used when determining factual causation in both tort and criminal law. When utilising this principle, it is posed that ‘but for’ the defendant’s action or inaction, would the damage have occurred? An example of this could be if a patient presents to their GP with symptoms suggestive of cancer, but is given a prescription for anti-anxiety tablets. If it weren’t for the prescription, would the patient’s cancer have spread?
The case of Barnett v Chelsea and Kensington Hospital brought the application of this test into law, and essentially asked whether the injury or loss would have been avoided, had the defendant acted differently.
If you’d like any more information about the but for test, and how it is applied in claims, please get in touch with us today
Understanding What Is Meant By Balance Of Probabilities
The balance of probabilities is a standard of proof used in civil cases, and is used to decide which party’s version of events is more believable.
On the balance of probabilities, if it can be shown that the claimant’s version of events has a 51% or higher chance of truth, this would satisfy a successful claim.
Instead of requiring absolute certainty, the standard of proof is lower in civil proceedings compared to criminal law to allow for a broader understanding.
For further information on the balance of probabilities, please contact our advisors today.
What Is The “Eggshell Skull” Principle?
The eggshell skull principle is a doctrine in tort law which states that a defendant is liable for all damages caused as a result of their negligence, even if a victim suffers unusually severe injuries due to a pre-existing condition or vulnerability.
The application of this principle in law means that tortfeasors (defendants) must take their victim as they find them. Per this, a defendant is unable to argue their liability for the full extent of injuries just because a claimant was more fragile than a typical person would be.
The doctrine applies to both physical conditions, including thin skulls, brittle bones or haemophilia, as well as psychological vulnerabilities.
Again, under this principle, the extent of the injury may be unforeseeable, but the initial wrongful action or omission must be shown to have been negligent.
To learn more about the eggshell skull principle, please get in touch with our advisory team today. They’re available round the clock to answer any questions you might have.
How Can JF Law Help Me To Prove Causation?
Our solicitors here at JF Law can help you prove causation by gathering crucial evidence on your behalf, instructing expert medical professionals and ensuring that your case would meet the but for test.
We’re able to transform your narrative into a strong legal argument that is able to prove on the balance of probabilities that your damages were the direct result of the defendant’s actions or inactions.
Our solicitors can conduct a forensic examination of the facts of your case to establish a chain of causation. By compiling GP records of consistent reports of your injuries, proof of complaints and witness statements, we’re able to ensure that your claim has a strong foundation.
Moreover, at JF Law we can instruct independent medical experts to produce reports, essentially examining any pre-existing conditions and demonstrating that they have been exacerbated by the negligence of the defendant.
Some more of the services on offer from our solicitors include:
- Regular concise updates about how your claim is getting on
- A friendly but professional approach
- Support, guidance and advice from the very beginning
- Estimates of how much compensation you could receive in a successful claim
- Advocation on your behalf to achieve a settlement that is reflective of the harm caused by negligence
As well as this, our solicitors have a personalised approach. By placing claimants at the heart of all we do, you can rest assured that your claim will be in expert hands.
Get in touch with us today to learn how we can help you start your own claim. You can reach our advisory team by using the contact details below.
Contact Our Solicitors To Make A Claim
- Call us on 0151 375 9916
- Contact us online
Learn More
We hope our guide on causation has been helpful for you today, but why not read our other legal glossary pages on:
- What is an interim payment?
- How does a Conditional Fee Agreement work?
- What is a success fee?
Useful External Resources
- How to request CCTV footage of yourself
- NHS information on back pain
- How much Statutory Sick Pay you could be eligible for
Thank you for reading our causation guide.
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