SQE1 Practice Questions - Solicitors Qualifying Examination Part 1 (Functioning Legal Knowledge) Exam

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A patient attends hospital with stomach pains. A doctor negligently fails to examine him and sends him home, where he dies of arsenic poisoning. Medical evidence shows he would have died even if properly treated. In a negligence claim by his estate, what is the most likely outcome?

The claim succeeds because the doctor breached his duty of care The claim fails because a doctor never owes a duty to a patient he refuses to treat The claim succeeds because death is always a foreseeable consequence of poisoning The claim fails because the breach did not cause the death on the 'but for' test

Correct Answer:

The claim fails because the breach did not cause the death on the 'but for' test

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