Crossman v St George's Healthcare NHS Trust

Negligence – Causation. The Queen's Bench Division, in finding the defendant NHS Trust liable for the claimant's (C) nerve root injury, declined to follow the case of Chester v Afshar, holding that it was of limited application and that the present case should be decided on conventional causation principles. The NHS Trust admitted negligence in the implementation of C's treatment plan, in consequence of which he had been operated on earlier than would otherwise have been the case. However, the court found that had C had the operation on a different occasion, on the balance of probabilities, that operation would have been successful.

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