The Convolution of Establishing Causation in Medical Negligence
Lead author · Corresponding
Falak Munaf Solkar
Student at Kirit P Mehta, School of Law, NMIMS University, Mumbai, India
Abstract
This paper is an analysis of how causation is established in medical negligence. Causation is how a case of medical negligence is established. There are three types of tests that can be used and three types of damages that can be awarded to a person. The first section of the paper discusses a landmark case of medical negligence wherein, with the help of the facts, arguments, and judgments, causation is determined in the discussion section. The second section explains the three tests of causation. The final section of the paper focuses on the criticism of a test of causation and the transition to another test of causation.
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