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Wilsher v Essex Area HA
''Wilsher v Essex Area Health Authority'' () AC 1074 is an English tort law case concerning the "material increase of risk" test for causation.
==Facts==
The defendant hospital, initially acting through an inexperienced junior doctor, negligently administered excessive oxygen during the post-natal care of a premature child who subsequently became blind. Excessive oxygen was, according to the medical evidence, one of five possible factors that could have led to blindness. On the "balance of probabilities" test, the hospital would not be liable, since it was more likely that one of the alternate risks had caused the injury. The Court of Appeal applied the "material increase of risk" test, first espoused in ''McGhee v National Coal Board''. The Court found that since the hospital breached its duty and thus increased the risk of harm, and that the plaintiff's injury fell within the ambit of that risk, the hospital was liable despite the fact the plaintiff had not proved the hospital's negligence had caused his injury.
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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