Making Causation Work for You in Clinical Negligence Claims

Introduction

Causation is usually the biggest battlefield in clinical negligence claims. ‘But for’ causation is straightforward, but even experienced practitioners often have a sense of unease when it comes to more complex areas like material contribution, or ‘different day’ treatment in consent cases.

Without a clear handle on the current law in this area there is a danger of claimants overlooking valid material contribution claims, defendants overcompensating the claimants who bring them, and all-round confusion about what is required to obtain damages in a nuanced consent case.

This webinar aims to answer tricky questions in a well-known problem area, considering cases such as Holmes v Poeton and Zgonec-Rozej v Pereira [2025], which state then implement the law on material contribution, and Tosh v Gupta [2025] which reviews the current law on consent, including the ever-controversial Chester v Afshar.

What You Will Learn

This webinar will cover the following:

• When material contribution does apply, when it doesn’t, and whether there are any grey areas
• What should you be asking your experts (and when)?
• The level of damages a claimant should recover if their material contribution claim does succeed
• Where are we with causation in consent cases - is a delay in treatment still enough to found liability?
• Caselaw update

This pre-recorded webinar will be available to view from Monday 2nd March 2026

Alternatively, you can gain access to this webinar and 1,900+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.