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Wilsher v Essex Area Health Authority

[1988] AC 1074

Case summary last updated at 15/01/2020 18:39 by the Oxbridge Notes in-house law team.

Judgement for the case Wilsher v Essex Area Health Authority

 Ds messed up the blood pressure levels when P was a baby with the result that they treated him incorrectly and he went blind. The judge ruled that since D had failed to prove that they did NOT cause the blindness they were liable. HL reversed this and said that causation had to be proven on the balance of probabilities, the burden being on the plaintiff. Since this had not been done, there would have to be retrial. 

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