... a fair and satisfactory outcome, and at other times leaving the law completely inconsistent. These three problem areas are; 1) The problem of 'loss of a chance' 2) The problem of 'what should have been done' versus 'what would have been done' 3) The problem of multiple causation (Each will be dealt with individually below). The test was first demonstrated in Barnett v Chelsea & Kensington Hospital Management Committee where the hospital sent an ill man home having failed to realise that he was in fact poisoned. He later died. The pivotal question was; would he have died 'but-for' the negligence shown by the hospital, and the judge concluded in the affirmative; even if the deceased had been examined and treated with the proper care, the probability of him dying anyway was over 50%, and it would have been impossible to save his life by the time he arrived at the hospital. The House of Lords' ...

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