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Consider the accuracy of this statement regarding Chester v Afshar.
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| Submitted: Tue Jun 20 2006
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Medical Law The decision in Chester v Afshar 2004 UKHL 41 can be interpreted to mean both that a claimant can ignore the traditional rules of causation in a clinical negligence case and that the Bolam test (Bolam v Friern HMC 1957 2 All ER 582) is no longer relevant in determining what a patient should be told regarding the risks of medical treatment. Consider the accuracy of this statement. Chester v Afshar (1) has influenced two main issues in medical law and those are; the departure from the traditional rules of causation and the extent of disclosure of information prior to obtaining a patient's consent for treatment. I will consider both of these points in turn. First I need to consider the traditional rules of causation before moving on to an analysis of Chester v Afshar in this area. I will discuss causation in relation to disclosure of information and risks because...
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