Causation and the concept of "material contribution"

Zgonec-Rozej v Pereira [2025] EWCA Civ 171; [2025] Med LR 192

In clinical negligence claims the fact situation can be complex because a claimant's diagnosis is difficult to determine, so it can be challenging for a claimant to establish that a defendant's breach of duty caused or made a material contribution to the damage sustained. In a recent appeal, the appellants contended that the conclusion reached by the trial judge on causation was illogical and inconsistent with the findings. The Court of Appeal helpfully clarified the law on material contribution which the court concluded had been applied correctly in this instance by the trial judge.