Bright White Line Law: the follow on…

Thank you for attending our symposium last Wednesday. The event was a great success (despite the weather) and provided an opportunity to really get to grips with a difficult area of the law. Thank you to those who participated on the panel and gave such interesting talks. For my part, I feel that the difference in award of damages is an under analysed area and given the current cost of clinical negligence one that needs discussing. My opinions on the decision and applicability of Bailey v MoD are no great secret but there is an interesting point as to whether the current interpretation of material contribution to damage can be applied in Popple.

Finally, I believe that the difference in opinion between the clinicians and the court is worth highlighting. In time pressured medicine is the court too focused on artificial timings and are the best efforts of doctors being unreasonably categorised as negligent where there is simply no explanation?

Please contribute further to this discussion.

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