Negligence (4 elements)
What it means
A clinical negligence claim requires FOUR elements: (1) a DUTY of care was owed; (2) the duty was BREACHED (fell below the Bolam/Bolitho standard); (3) CAUSATION — the breach caused the harm ('but for' the breach, harm would not have occurred); and (4) the harm/damage is not too remote. All four must be proven (on the balance of probabilities).
Worked example
A missed diagnosis (breach) only succeeds as a claim if it can be shown that the delay actually caused the harm — causation is often the hardest element.
In the exam
A claimant alleging negligence must show a duty was owed, it was breached, and that breach caused the harm suffered.
What settles it
Causation ('but for' the breach the harm wouldn't have happened) is the element most often failed — a breach without resulting harm is not actionable negligence.
Classically confused with
Bolam & Bolitho
Source: Tort of negligence