- Clinical negligence cases and the burden of proof (Barnett v Medway NHS Foundation Trust)
- Original news
- What are the practical implications of this case?
- What issues did this case raise?
- To what extent is the judgment helpful in clarifying the law in this area?
- What are the implications for practitioners? What will they need to be mindful of when advising in this area? Any best practice tips?
- Are there still any grey areas practitioners will need to watch out for? If so, how can they avoid any possible pitfalls?
Personal Injury analysis: In Barnett v Medway NHS Foundation Trust the court was entitled to rely on the burden of proof because it was not possible to resolve a factual issue. Sarah Crowther, barrister at Outer Temple looks at the complex issues that arose in the case.
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