Description

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.

ABOUT THE AUTHOR

Rhodri Jones is a barrister at St John's Chambers. He specialises in clinical negligence and inquests, acting for both claimants and defendants. Before retraining as a barrister Rhodri practiced as a medical doctor for 18 years, principally in A&E and general practice.

CONTENTS

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

Chapter Ten - Limitations on the Application of Material Contribution

Chapter Eleven - Material Contribution in Birth Injury Cases

Chapter Twelve - Material Contribution in Brain Injury Cases

Chapter Thirteen - Material Contribution in Psychiatric Injury Cases

Chapter Fourteen - Overall Conclusions