Legal Guidance and Research / Experts / Sarah Fraser Butlin
Sarah Fraser Butlin#1591
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Sarah Fraser Butlin

Cloisters
Sarah is an experienced Clinical Negligence barrister dealing with the full range of matters, including acting as a junior in several birth accident claims. Sarah has a particular interest in the intersection between clinical negligence and human rights claims and has been involved in several successful claims involving Article 2 and 8 rights. She has written extensively and is currently a sub-editor of Kemp and Kemp. In addition to her clinical negligence practice, Sarah is an employment and discrimination practitioner and is recommended in Chambers and Partners 2014. She is an Affiliated Lecturer in Labour Law at the University of Cambridge.

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2 Contributions by Sarah Fraser Butlin

Causation, remoteness and foreseeability in clinical negligence: loss of chance, failure to warn, omissions, subsequent negligence, contributory negligence and the egg-shell skull rule
PRACTICE NOTES
Causation, remoteness and foreseeability in clinical negligence: loss of chance, failure to warn, omissions, subsequent negligence, contributory negligence and the egg-shell skull rule
Remoteness and foreseeability An injury arising out of clinical negligence does not, by itself, ensure a claimant will be granted damages by the court. A tort gives rise to damages only where each constituent is established: duty of care breach of that duty causation, i.e. the breach caused loss injury Remoteness of loss and foreseeability are elusive notions that pervade every stage identified above. They are the judicial instruments through which common sense and policy are applied. Failure to treat/loss of chance Where, but for the clinical negligence, the claimant had a prospect of recovering from illness or injury without adverse consequences, or held a strong chance of a cure, how do the courts handle causation and what damages are awarded? These issues concern causation intertwined with remoteness. In Hotson v East Berkshire Area Health Authority, a 13-year-old fell from a tree, fracturing his left femoral epiphysis. At hospital his condition was not diagnosed for five days and he developed avascular necrosis, leading to disability in his hip...
PI & Clinical Negligence
Identifying the correct defendant in NHS and private clinical negligence claims in England: post-2022 ICS reforms, indemnity schemes (CNST/CNSGP/ELSGP), NHS Resolution, GP partnerships and non-delegable duties
PRACTICE NOTES
Identifying the correct defendant in NHS and private clinical negligence claims in England: post-2022 ICS reforms, indemnity schemes (CNST/CNSGP/ELSGP), NHS Resolution, GP partnerships and non-delegable duties
The National Health Service (NHS) in England and Wales operates as a publicly funded system. Provision is overseen by the Department of Health and Social Care (DHSC), with central taxation and National Insurance financing the service. Healthcare is provided without charge to people living in England and Wales. Limited fees apply in areas considered less politically sensitive, including dental treatment and optical services. The National Health Service Act 2006 (NHSA 2006) brings together earlier statutes governing the NHS and healthcare delivery. Historical reorganisation of the NHS NHS England heads the NHS in England. It determines priorities and strategic direction, allocates billions of pounds, and holds bodies to account for how money is used for patients and the taxpayer. Following the transfer of the National Patient Safety Agency (NPSA) functions, NHS England also has a duty to safeguard and advance patients’ interests. Health and Social Care Act 2012 The Health and Social Care Act 2012 (HSCA 2012) took effect in April 2013, introducing significant changes to the NHS. Strategic Health Authorities were removed and superseded by the NHS Commissioning Board...
PI & Clinical Negligence
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