PROVING THINGS 293: THE CLAIMANT ESTABLISHES CAUSATION IN A CLINICAL NEGLIGENCE CASE: THE JUDGE DID NOT DRAW ADVERSE INFERENCES -AND THIS WAS A SUBMISSION THAT PUT THE DEFENDANT IN SOME JEOPARDY…

This is an interesting case on clinical negligence where judgment was given today.  It warrants (and will receive) several posts.  Here we look at the trial judge's rejection of the argument that adverse inferences should be drawn when the claimant was not called to give evidence.  It is a peculiar ...