Events Calendar
Nov 21
15:00 - 17:00
Medical Negligence, Causation and Autonomy
Work in Progress Seminar
Dr. Alexandra Trofimov (Kent)

Abstract: The landmark decision in Chester v Afshar [2005] 1 AC 134 was highly controversial and is the subject of continued academic scrutiny. The contentious issue is that of causation. A modification to the standard principle of causation in negligence law was permitted on the grounds that Ms. Chester's fundamental right to make a free, informed decision had been violated and that strict application of the causation principle would undermine this right.

Through an analysis of the fundamental principle of causation, the justifiability of key findings of fact and the nature of the duty to inform, I argue that the decision in Chester v Afshar is unjustified and has left the law of negligence incoherent. As the classic saying goes, 'hard cases make bad law'.en


Lecture Theatre 2,
Cornwallis South East (Octagon),
University of Kent,
United Kingdom


Open to all,


Contact: Alexandra Couto


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Last Updated: 10/01/2012