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Barnett v Chelsea Hospital

[1969] 1 QB 428

Case summary last updated at 15/01/2020 18:07 by the Oxbridge Notes in-house law team.

Judgement for the case Barnett v Chelsea Hospital

P drank some tea which had been laced with arsenic and he presented himself at D’s hospital since he was vomiting. D told him to leave and call his own doctor. P died, but it was unclear that even if he had been admitted to the hospital he would have survived. P’s widow sued for negligence. The court held that there was proximity since P had presented himself at D’s hospital, and that D was negligent in not treating him. However it was not proven that on the balance of probabilities P’s negligence caused D’s death, since he might have died anyway if he had been admitted to hospital. 

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