The plaintiff had surgery on her ear. The result was a major injury, and she sued in negligence.
Held: The action failed. When alleging negligence in a professional person, the question is whether on a balance of probabilities the plaintiff establishes that the defendant had failed to exercise the appropriate level of care of someone with those special skills in the suituation where those skills were called upon. Where a special skill is claimed, a higher burden of duty lies upn the person exercising it, but the test is applied without a gloss either way.
Judges:
Kilner Brown J
Citations:
[1983] 2 All ER 245
Professional Negligence
Updated: 12 May 2022; Ref: scu.188780
