Hotson v East Berkshire Area Health Authority [1987]

Facts

  • Negligent treatment had reduced Hotson’s chance of recovery such that he was left with permanent hip joint damage

Issue

  • Could the hospital be liable for reducing the chance of recovery

Decision

  • Not on the facts

Reasoning

  • The chance of recovery was reduced by less than 25%; damages only where loss of chance greater than 50%
RELATED CASE  Pyranees Shire Council v Day [1998, Australia]

Posted in Tort Law Revision Notes.

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