Wilsher v Essex Area Health Authority [1988] AC 1074

Written By Nicolas Heyes

House of Lords

Basic Facts: A premature infant (C) suffered blindness allegedly due to inadequate oxygen. Multiple potential causes existed for the condition.

Issue: Can the McGhee principle apply when multiple potential causes exist, and the defendant’s negligence only relates to one factor?

Held: Appeal allowed; case was revoked to the trial courts to reassess whether the excess oxygen had caused C’s blindness

  • Lord Bridge:

    • The case needed retrial. Multiple causative factors meant the McGhee principle could not be applied to establish causation from one factor alone.

Nicolas Heyes
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