Duties of care, causation, and the implications of Chester v Afshar

This article considers the decision of the House of Lords in Chester v Afshar [2005] 1 AC 134 on the question of the liability of a doctor in relation to failure to disclose a risk inherent in medical procedure. The article argues that the decision of the House of Lords in Chester can properly be explained by reference to the scope of the duty of care rather than by reference to causation.This article considers the decision of the House of Lords in Chester v Afshar [2005] 1 AC 134 on the question of the liability of a doctor in relation to failure to disclose a risk inherent in medical procedure. The article argues that the decision of the House of Lords in Chester can properly be explained by reference to the scope of the duty of care rather than by reference to causation.