The claimant’s father a member of the armed forces had been posted to Germany, and his wife, A’s mother had gone with him. A had been born in Germany, but suffered injury at birth through the negligence of the doctor’s appointed by the defendant English hospital.
Held: Declarations that the defendant and the English hospitals with the duty of appointment of the German doctors were responsible were refused, and that action lay in Germany. The duty to make such an appointment was particular to the Armed Forces, but was limited to the exercise of due care in selection, and did not extend to a duty in respect of the treatment itself. The duty was not non-delegable.
References: Times 16-May-2003, Gazette 03-Jul-2003
Judges: Bell J
Jurisdiction: England and Wales
This case cites:
- Appealed to – A v Ministry of Defence; Re A (A Child) CA 7-May-2004 (Times 17-May-04, Gazette 03-Jun-04, , [2004] EWCA Civ 641, [2005] QB 183)
The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A suffered brain damage in the birth as a result of the obstetrician’s negligence. The mother claimed against the . . - Cited – Wilsons and Clyde Coal Co Ltd v English HL 19-Jul-1937 ([1938] AC 57, , [1937] UKHL 2, [1937] 3 All ER 628)
The employer had entrusted the task of organising a safe system of work to an employee as a result of whose negligence another employee was injured. The employer could not have been held liable for its own negligence, since it had taken all . . - Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995 (Independent 30-Jun-95, Times 30-Jun-95, [1995] 2 AC 633, , [1995] UKHL 9, [1995] 2 FLR 276, [1995] 3 All ER 353, [1995] 3 WLR 152, [1995] 3 FCR 337, (1995) 7 Admin LR 705, 94 LGR 313, [1995] Fam Law 537, [1995] 3 FCR 337)
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . . - Cited – Gold v Essex County Council CA 1942 ([1942] 2 KB 293)
The hospital was held accountable for an injury caused by negligence of an employee radiographer. The main issue was whether the authority could be vicariously liable even for employees in cases where their employment called for the exercise of . . - Cited – Cassidy v Ministry of Health CA 1951 ([1951] 2 KB 343)
The court considered the liability in negligence of the respondent for the negligence of doctors employed by it.
Held: The Ministry was liable for the negligence of doctors who were employed by it on contracts of service.
Denning LJ . . - Cited – Green v Fibreglass Ltd 1958 ([1958] 2 QB 245)
The law might impose a duty of care which was non-delegable. . . - Cited – Roe v Ministry of Health CA 1954 ([1954] 2 QB 66, , [1954] 2 All ER 131, [1954] 2 WLR 915, [1954] EWCA Civ 7)
The plaintiff complained that he had developed a spastic paraplegia following a lumbar puncture.
Held: An inference of negligence was rebutted. However the hospital authority was held to be vicariously liable for the acts or omissions of the . .
This case is cited by:
- Appeal from – A v Ministry of Defence; Re A (A Child) CA 7-May-2004 (Times 17-May-04, Gazette 03-Jun-04, , [2004] EWCA Civ 641, [2005] QB 183)
The wife of a British Army soldier serving in Germany delivered a premature baby, ‘A’, with a German obstetrician in a German hospital. A suffered brain damage in the birth as a result of the obstetrician’s negligence. The mother claimed against the . .
These lists may be incomplete.
Last Update: 25 October 2020; Ref: scu.182364
