Claimant’s disabilities not caused by fault in antenatal care (AB v East Lancashire Hospitals NHS Trust)

Table of contents

• What was the background?
• What did the court decide?
• What are the practical implications of this case?
• Case details

Article summary

Personal Injury analysis: The court decided that a belief, however strong, of an association or possible causal link not scientifically demonstrated is not proof of causation. Likewise, a widely held hypothesis or presumption is not proof on balance of probabilities of cause or, in legal context, of causation. Judith Baxendale, associate solicitor at Hempsons Solicitors, considers the case and its implications.