Davies v Countess of Chester Hospital NHS Foundation Trust

Hospital – Negligence. The claimant widow and administratrix of the estate of the deceased, JD, brought a claim against the defendant NHS trust. The pharmacology experts agreed that the immediate cause of JD's death was an excess dose of magnesium. However, the hospital maintained that, by the time that was administered, the condition of JD was such that, within minutes or at least shortly thereafter, he would have died in any event. The claimant denied that. The Queen's Bench Division, in dismissing the claim, held, inter alia, that JD would not have survived for any significant time, even if the defendant, in serious breach of duty, had not administered the fatal dose of magnesium.

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