The appellants challenged the trial judgment dismissing their medical negligence claim arising from a death allegedly caused by negligent treatment.
The Court of Appeal held that uncertainty as to the medical cause of death did not shift the burden of proof on causation to the defendants, and the plaintiffs remained required to establish a sufficient causal link on the whole of the evidence.
The court found no palpable basis to interfere with the trial judge’s factual findings and rejected the argument that the trial should have been reopened for further causation evidence.
The appeal was dismissed with costs.
