The current state of the law regarding material contribution in clinical negligence appears complicated and uncertain. This book charts the evolution of material contribution as a concept in causation from its original application in occupational disease cases to its more recent analysis in the context of clinical negligence.
As with many areas of common law, the courts have attempted to define the factual characteristics of cases where material contribution causation can apply. It is commonly plead in clinical negligence where there are a range of potentially causative agents in operation and where the limitations of medical science prevent the application of traditional ‘but for’ causation. The courts have sought to categorise injuries and diseases in respect of their characteristics of ‘divisibility’ and ‘indivisibility’. These terms have not however been applied and interpreted consistently. It is anticipated that clarification will be provided by the Supreme Court in due course.
The aim of this book is to set out the legal landscape as it stands and provide practical assistance to enable claimants and defendants to argue their cases in causation.
