As such, in his first few weeks of life, he suffered a variety of afflictions typical for such premature babies. A junior doctor inserted a catheter into a vein, rather than an artery, and this resulted in the claimant receiving too much oxygen, causing retina damage and eventually blindness. Free resources to assist you with your legal studies! 24 Hotson v East Berkshire Health Authority [1987] A.C. 750. Wilsher v Essex Area Health Authority. It was discovered that the infant had problems with his eyes afterward. . 7 Bedford Row. The House of Lords subsequently allowed the defendant’s appeal and overturned the first instance judgment stating that whilst the health authority could be held liable for the junior doctor’s actions as junior doctors owed the same duty of care as a fully qualified doctor, the case of McGhee had been wrongly interpreted at first instance; regardless of the number of potential causes of injury, it always falls to the claimant to establish the likelihood of causation. It was discovered that the infant had problems with his eyes afterward. 21 McGhee v National Coal Board [1973] 1 WLR 1. The claimant suggested the treatment should have been by a more senior doctor. The leading authorities here are Wilsher v Essex Area Health Authority, Hotson v East Berkshire Area Health Authority and Gregg v Scott In these cases, the courts have not been prepared to make a defendant liable unless the claimant can show that on balance of probabilities, his or her loss was caused by the defendant’s fault rather than by a natural occurrence. Wilsher v Essex Area Health Authority [1988] Evidence The Essex Area Health Authority, the defendant represented by an inexperienced junior doctor, was accused of negligence as it injected an overdose of oxygen into the lungs of a premature newborn during postnatal care. The case of Wi/sher v Essex Area Health Authority' has, like many other medical negligence claims before it, established interesting points of law contributed to useful changesof procedure, yet has gainedtheplaintiffnothing by way of compensation. Clinical Risk 1997; 3 (2): 67 Google Scholar. A premature baby suffered injury after mistaken treatment by a hospital doctor. Clinical negligence — Clinicians not available to give evidence due to passage of time — Reconstruction by experts from available notes … 25 Oliphant, The Law of Tort 2nd ed, p 789 ch14.13 26 Fairchild v Glenhaven Funeral Services [2003] 1 AC 32 Case: Wilsher v Essex Area Health Authority [1987] 1 QB 730. He passed through a series of crises and very nearly died. James Watt. Wilsher v Essex Area Health Authority [1988] AC 1074; Google Scholar [1988] 2 WLR 557; Google Scholar [1988] 1 All ER 871. Reference this VAT Registration No: 842417633. No; Reasoning. Willsher v Essex Area Health Authority [1988] 1 AC 1074 House of Lords. The document also included … Breach of duty: Assessing the standard of care – junior doctors. 1 Crown Office Row | Personal Injury Law Journal | March 2020 #183. Lord Bridge of Harwich . Facts. Summary: A baby was born three months prematurely. Thank you for helping build the largest language community on the internet. In a minority view, Mustill LJ. Wilsher v Essex Area Health Authority; Citation(s) [1988] AC 1074: Transcript(s) judgment: Court membership; Judge(s) sitting: Lord Bridge of Harwich, Lord Fraser of Tullybelton, Lord Lowry, Lord Griffiths, Lord Ackner: Facts. To set a reading intention, click through to any list item, and look for the panel on the left hand side: A doctor negligently administered too much oxygen to a newborn child; The child suffered permanent brain damage; Issue. Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. We also have a number of sample law papers, each written to a specific grade, to illustrate the work delivered by our academic services. The baby suffered from a condition affecting his retina which left him totally blind in one eye and partially sighted in the other. Wilsher v Essex Area Health Authority [1988] AC 1074. Lord Lowry . Wilsher v. Essex Area Health Authority (1988), 87 N.R. to ensure that the correct amount was administered it was necessary to insert a catheter into an umbilical artery so that his arterial blood oxygen levels would be accurately read on an electronic monitor. The baby was later diagnosed with a retinal condition, which severely limited his sight. Further, should the burden of proof regarding the potential relationship between the negligent actions and the injuries fall to the claimant or the defendant. Plaintiff argued on basis of McGhee that if he could prove defendant’s fault had increased the risk of outcome, burden of proof would shift to defendant. After reading this chapter you should be able to: ■Understand the usual means of establishing causation in fact, the “but for” test ■Understand the problems that arise in proving causation in fact where there are multiple causes of the damage ■ Understand the possible effects on the liability of the original defendant of a plea of novus actus interveniens, where the chain of causation has been broken ■Understand the test for establishing causation in law, reasonable foreseeability of harm, so that the damage is not too remo… Simply select your manager software from the list below and click on download. The child had also suffered from five other conditions, all … Case in Focus: Wilsher v Essex Area Health Authority [1988] AC 1074 The claimant was a prematurely born infant who required extra oxygen in order to survive. Company Registration No: 4964706. At first instance the Court found the defendant, Essex Area Health Authority, liable for the infant’s injuries, citing McGhee v National Coal Board [1973] 1 WLR 1 as laying down the precedent that where there existed a plurality of possible causes, the burden fell to the defendant to prove that their actions had not been the but for or material cause of the injury. An infant was delivered prematurely and shortly after was administered oxygen by a junior doctor, accidentally providing too much. Does conferring with a consultant absolve a junior doctor? Case Summary Sign in to disable ALL ads. Wilsher v Essex Area Health Authority [1988] AC 1074 The infant plaintiff was born nearly three months prematurely and weighed only 1200 grams. HL reversed this and said that causation had to be proven on the balance of probabilities, the burden being on the … Essential Cases: Tort Law provides a bridge between course textbooks and key case judgments. A premature baby was given too much oxygen by a junior doctor. 23 Wilsher v Essex Area Health Authority [1988] AC 1074, [1988] 1 All ER 871. Wilsher v Essex Area Health Authority: HL 24 Jul 1986. House of Lords. Wilsher v Essex Health Authority [1988] Posted by ducati998 under law Leave a Comment . An infant was delivered prematurely and shortly after was administered oxygen by a junior doctor, accidentally providing too much. Claimant always holds the burden of proving likely causation. In the first few weeks of life he suffered from most of the afflictions which beset premature babies. The infant developed problems with it's eyes. 16, 17]. Password. Breach of duty: Assessing the standard of care: junior doctors. 22 [1973] 1 WLR 1 at 6. Julian Matthews is a barrister at 7 Bedford Row. The courts will deal with different scenarios as mentioned in the above statement this essay will also look at the various scenarios in a variety of cases. However, there were number of other possible reasons for the damage caused and there was no conclusive evidence that D’s negligence was cause of the harm. Excessive oxygen was, according to the medical evidence, one of five possible factors that could have led to blindness. Lord Griffiths . Wilsher v Essex Area Health Authority [1988] 1 All ER 871. Wilsher v Essex Area Health Authority [1988] 1 AC 1074 (HL) Pages 1079, 1081-1084, 1086-1088 and 1090-1091. 1988 English tort law case on causation and material increase of risk, Fairchild v Glenhaven Funeral Services Ltd, https://en.wikipedia.org/w/index.php?title=Wilsher_v_Essex_Area_HA&oldid=979657738, Creative Commons Attribution-ShareAlike License, This page was last edited on 22 September 2020, at 00:43. Essex Area Health Authority (Appellants) Lord Bridge of Harwich. View Wilsher_v_Essex_Area_Health_Authority_-_3_BM (1).doc from LAW MISC at Multimedia University, Cyberjaya. AVMA Medical & Legal Journal 1997 3: 2, 67-68 Download Citation. The baby was later diagnosed with a retinal condition, which severely limited his sight. Thus in Wilsher v Essex Area Health Authority (1988) a premature baby was negligently given an excess of oxygen by hospital staff, potentially resulting in damage to the retinas of the child’s eyes. From author Craig Purshouse summary: case: wilsher v Essex Area Authority. Articles Tagged Under: wilsher v Essex Area Health Authority [ 1987 ] 1 AC House. Legal advice and should be treated as educational content only wilsher v Essex Area Health Authority [ 1988 1. Asbestos-Related lung cancer claims have been by a junior doctor, accidentally providing much. A barrister at 7 Bedford Row been by a junior doctor the plaintiff developed retrolental,! Also included supporting commentary from author Craig Purshouse a consultant absolve a junior doctor 67-68 download citation article OpenURL for... 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