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Bailey v Ministry of Defence
''Bailey v Ministry of Defence'' () (EWCA Civ 883 ) is an English tort law case. It concerns the problematic question of factual causation, and the interplay of the "but for" test and its relaxation through a "material increase in risk" test.
==Facts==
Miss Grannia Geraldine Bailey went on a holiday to Kenya with her fiance in late September 2000. She came back with what was suspected to be gallstones. In early January 2001 she was admitted to Royal Hospital Haslar (a hospital for civilian NHS patients, but also used and run by the Ministry of Defence). At the hospital there were complications during the ERCP procedure to remove the stones from her bile duct. She bled extensively, but was put in a ward with little supervision. She was not resuscitated properly during the night, and she was very unwell in the morning. She got worse. At the same time (but this was ''not'' related to the hospital's lack of care) Miss Bailey developed pancreatitis. Pancreatitis sometimes develops after ERCP procedures. She was then transferred to another hospital, the Queen Alexandra and St Mary's Hospital in Portsmouth and put into intensive care. She was critical. For ten days, her life was in the balance. But she started to look better and was moved to the renal ward. The tragedy struck when she was drinking some lemonade. She got nauseous and vomited. Because Miss Bailey was so weak, she could not clear her air passages and she choked. By the time she was resuscitated she had gone into cardiac arrest and had hypoxic brain damage.
The question in the Court of Appeal was whether the first Ministry of Defence hospital caused the brain damage. It could not be said with certainty that it was their poor care that led to Miss Bailey's weakness (and choking leading to brain damage), because her weakness was also a result of the pancreatitis that Miss Bailey developed (and that was not the MoD hospital's fault). Counsel for Miss Bailey argued that the MoD hospital was nevertheless liable because although the brain damage would not, strictly, have been caused "but for" the substandard care, the substandard care had materially increased the risk of harm.
In the High Court Foskett J held that Miss Bailey should recover compensation. The Ministry of Defence appealed.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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