Daniel & Anor v St George’s Healthcare NHS Trust & Anor [2016] EWHC 23 (QB) (19 January 2016)

On 8 September 2011 JB died from a heart attack, aged 37. There was no history of heart disease. This was an action under the Human Rights Act 1998; the allegation was that D1 and D2 were in breach of articles 1 and 2 of the European Convention of Human Rights.

Of interest, was the test of causation in such claims:

“…the legal test of causation is whether there was a failure to take reasonably available measures which could have had a “real prospect of altering the outcome”. Put another way, the Claimants have to establish that JB “lost a substantial chance of avoiding the outcome”…” (paragraph 140)

The claims were dismissed (see paragraph 176).