A doctor negligently administered too much oxygen to a newborn child; The child suffered permanent brain damage; Issue. Wilsher v Essex Area Health Authority. Disclaimer: This work was produced by one of our expert legal writers, as a learning aid to help law students with their studies. The baby was later diagnosed with a retinal condition, which severely limited his sight. A premature baby was given too much oxygen by a junior doctor. Case in Focus: Wilsher v Essex Area Health Authority [1988] AC 1074 The claimant was a prematurely born infant who required extra oxygen in order to survive. Lord Bridge of Harwich . The case of Wi/sher v Essex Area Health Authority' has, like many other medical negligence claims before it, established interesting points of law contributed to useful changesof procedure, yet has gainedtheplaintiffnothing by way of compensation. Willsher v Essex Area Health Authority 1 AC 1074 House of Lords A premature baby was given too much oxygen by a junior doctor. AVMA Medical & Legal Journal 1997 3: 2, 67-68 Download Citation. The courts will deal with different scenarios as mentioned in the above statement this essay will also look at the various scenarios in a variety of cases. Wilsher v Essex Area Health Authority [1988] AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. Wilsher (respondent) v. Essex Area Health Authority (appellants) Indexed As: Wilsher v. Essex Area Health Authority. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Wilsher v Essex Area Health Authority [1988] AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. In book: Essential Cases: Tort Law; Authors: Craig Purshouse. This essay will look at how the courts adapt the “but-for” test involved in factual causation and the problems involved in proving it. Case Summary Wilsher v Essex Area HA is similar to these court cases: Caparo Industries plc v Dickman, Barnett v Chelsea & Kensington Hospital Management Committee, Smith v Leech Brain & Co Ltd and more. Add to My Bookmarks Export citation. Wilsher v Essex Area Health Authority; Citation(s) [1988] AC 1074: Transcript(s) judgment: Court membership; Judge(s) sitting: Lord Bridge of Harwich, Lord Fraser of Tullybelton, Lord Lowry, Lord Griffiths, Lord Ackner: Facts. The judge ruled that since D had failed to prove that they did NOT cause the blindness they were liable. 7 Bedford Row. There were many possible causes of this condition, including an irregular partial pressure of oxygen in the body, which the Authority failed to monitor properly. Willsher v Essex Area Health Authority [1988] 1 AC 1074 House of Lords. Thank you for helping build the largest language community on the internet. The baby suffered from a condition affecting his retina which left him totally blind in one eye and partially sighted in the other. Summary: Wilsher v Essex Area Health Authority [1988] Facts. The plaintiff developed retrolental fibroplasia, a condition of the eyes, which resulted in blindness. Previous Post Previous Evidential Issues: Asbestos-related lung cancer claims. The Court found that since the hospital breached its duty and thus increased the risk of harm, and that the plaintiff's injury fell within the ambit of that risk, the hospital was liable despite the fact the plaintiff had not proved the hospital's negligence had caused his injury. Similarly, in Wilsher v Essex Area Health Authority 1 AC 1074 a premature baby required additional oxygen administered through a catheter. Wilsher v. Essex Area Health Authority (1988), 87 N.R. Wilsher v Essex Area Health Authority [1988] AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. View Wilsher_v_Essex_Area_Health_Authority_-_3_BM (1).doc from LAW MISC at Multimedia University, Cyberjaya. As such, in his first few weeks of life, he suffered a variety of afflictions typical for such premature babies. How do I set a reading intention. Lost Password; Search the site... Search the archive; Advanced Search. . March 10, 1988. Wilsher v Essex Area Health Authority [1988] AC 1074 is an English tort law case concerning the "material increase of risk" test for causation. Lord Lowry . Login. House of Lords. No; Reasoning. My Lords, 1. Wilsher v Essex Area Health Authority [1988] 1 AC 1074. An infant was delivered prematurely and shortly after was administered oxygen by a junior doctor, accidentally providing too much. Judgment - Bolitho v. City and Hackney Health Authority continued (back to preceding text) Where, as ... Bonnington Castings Ltd. v. Wardlaw [1956] A.C. 613; Wilsher v. Essex Area Health Authority [1988] A.C. 1074. Appealed to – Wilsher v Essex Area Health Authority CA 1986 A prematurely-born baby was the subject of certain medical procedures, in the course of which a breach of duty occurred. In book: Essential Cases: Tort Law; Authors: Craig Purshouse. Wilsher (respondent) v. Essex Area Health Authority (appellants) Indexed As: Wilsher v. Essex Area Health Authority. March 10, 1988. A judge was not bound to … Sign in to disable ALL ads. Upon Report from the Appellate Committee to whom wasreferred the Cause Wilsher against Essex Area HealthAuthority, That the Committee had heard Counsel on Monday the1st, Tuesday the 2nd, Wednesday the 3rd, Thursday the 4th,Monday the 8th and Tuesday the 9th days of February last, uponthe Petition and Appeal of Essex Area Health Authority, ofHamstel Road, Harlow, Essex, CM20 1RB, praying that the … He had inserted a monitor into the umbilical vein. A junior doctor inserted a catheter into a vein, rather than an artery, and this resulted in the claimant receiving too much oxygen, causing retina damage and eventually blindness. My Lords, 1. Lord Griffiths . Wilsher v Essex Area Health Authority [1987] 1 QB 730; Post navigation. Wilsher v Essex Area Health Authority [1988] 1 AC 1074. At first instance the Court found the defendant, Essex Area Health Authority, liable for the infant’s injuries, citing McGhee v National Coal Board [1973] 1 WLR 1 as laying down the precedent that where there existed a plurality of possible causes, the burden fell to the defendant to prove that their actions had not been the but for or material cause of the injury. Contents. Essex Area Health Authority (Appellants) Lord Bridge of Harwich. In all cases the primary question is one of fact: did the wrongful act cause the injury? Company Registration No: 4964706. Ds messed up the blood pressure levels when P was a baby with the result that they treated him incorrectly and he went blind. It also stated that McGhee articulated no new rule of law, but was rather based upon a robust inference of fact (this understanding of McGhee was rejected in Fairchild v Glenhaven Funeral Services Ltd). VAT Registration No: 842417633. Alan Andrew Ball v Wirral Health Authority [2003] Lloyd's Rep Med 165 QUEEN'S BENCH DIVISION and Mr Justice SIMON. The Court of Appeal applied the "material increase of risk" test, first espoused in McGhee v National Coal Board. In the first few weeks of life he suffered from most of the afflictions which beset premature babies. According to medical data, an overdose of oxygen … 140 (HL) MLB headnote and full text. The baby suffered from a condition affecting his retina which left him totally blind in one eye and partially sighted in the other. Excessive oxygen was, according to the medical evidence, one of five possible factors that could have led to blindness.

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