Seminar Paper – Causation in Cases of Delayed Medical Diagnosis or Treatment (March 2003, Kristina Stern)

Seminar Paper – Causation in Cases of Delayed Medical Diagnosis or Treatment (March 2003, Kristina Stern)


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This paper was originally presented at Thirty Nine Essex Street in March 2003.

“Causation in clinical negligence cases is well known to be an area of considerable difficulty. Problems which arise in other contexts are apparently amplified in clinical negligence cases, in particular, where one is considering allegations of omission to provide a particular form of medical treatment, or where one is considering a delay in reaching an appropriate diagnosis and/or in providing proper medical treatment. The assumption, often ill founded in a court of law, that those who have been victims of negligent treatment should receive compensation for their injuries, is in some senses undermined in clinical negligence cases where it is often intuitively felt that those who have been helped (even if not as successfully as one would have hoped) by the medical profession should really not come to court to complain…”

 


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