Barnett v Chelsea & Kensington Hospital Management Committee [1969] 1 QB 428 (QB)

Facts

Mr Barnett, the claimant’s husband, drank tea at home containing arsenic. He began to feel ill and went to the hospital, where he was examined by a doctor. The doctor negligently failed to diagnose or treat him and sent him home.

Unfortunately, Mr Barnett died a few hours later from arsenic poisoning. The family claimed that the hospital’s negligence caused the death.

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Issue

Did the hospital’s failure to treat Mr Barnett cause his death, or would he have died regardless of the breach?

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Decision

The court held that the hospital was not liable. Medical evidence showed that even with prompt treatment, Mr Barnett would have died. The breach did not causally contribute to the death.

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Legal Principle

Introduces the “but for” test of factual causation: The claimant must prove that the harm would not have occurred but for the defendant’s breach.

If the harm would have occurred anyway, there is no factual causation, and liability fails.

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Importance

• Foundational authority for factual causation in negligence.

• Establishes that breach alone is insufficient; it must cause the harm.

• Frequently cited in personal injury and medical negligence cases.