The claimant had been assaulted. He presented at the defendant hospital with head injuries. Despite his complaints he said he was not treated properly, being told to wait five hours at reception, and went home. Later an ambulance was delayed and he suffered a serious brain injury. The hospital denied a duty of care in the receptionist.
Held: The appeal was allowed and the case remitted to first instance for the assessment of damages.
The decision of the Court of Appeal was flawed. The true question was not whether a duty of care was owed to the claimant, but whether the defendant had breached its duty in giving, by its receptionist, inaccurate information to the claimant about waiting times. It had done so: ‘The appellant was misinformed as to the true position and, as a result, misled as to the availability of medical assistance. The trial judge made the critical finding that it was reasonably foreseeable that a person who believes that it may be four or five hours before he will be seen by a doctor may decide to leave. In the light of that finding I have no doubt that the provision of such misleading information by a receptionist as to the time within which medical assistance might be available was negligent.’
Lady Hale, President, Lord Reed, Deputy President, Lord Kerr, Lord Hodge, Lord Lloyd-Jones
[2018] UKSC 50, [2018] 3 WLR 1153, [2019] 1 All ER 27, [2019] AC 831, [2018] Med LR 595, [2019] PIQR P4, (2019) 165 BMLR 1, UKSC 2017/0070
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England and Wales
Citing:
At First Instance – Darnley v Croydon Health Services NHS Trust QBD 31-Jul-2015
The claimant sought damages, alleging that the defendant Trust had failed in its treatment of him when he attended Accident and Emergency after being assaulted. The court now considered the issue of liability. The claimant attended with a head . .
Appeal from – Darnley v Croydon Health Services NHS Trust CA 23-Mar-2017
Claimant’s appeal in personal injury litigation based upon alleged negligence by the receptionist in a hospital’s accident and emergency department. The principal issue in the appeal is whether the receptionist (or the health trust acting by the . .
Cited – Barnett v Chelsea and Kensington Hospital Management Committee QBD 1968
The widow of a night watchman who died of arsenic poisoning claimed in negligence after he had attended the defendant’s hospital, but was negligently sent home without adequate treatment.
Held: The court was satisfied that even if the . .
Cited – Caparo Industries Plc v Dickman and others HL 8-Feb-1990
Limitation of Loss from Negligent Mis-statement
The plaintiffs sought damages from accountants for negligence. They had acquired shares in a target company and, relying upon the published and audited accounts which overstated the company’s earnings, they purchased further shares.
Held: The . .
Cited – Kent v Griffiths and Others (No 2) CA 10-Feb-2000
An ambulance service could be liable in negligence in respect of its response to an emergency call-out where for no good reason there was an unreasonable delay in responding, and the servivice had accepted the call. The ambulance service was . .
Cited – James-Bowen and Others v Commissioner of Police of The Metropolis SC 25-Jul-2018
The Court was asked whether the Commissioner of Police of the Metropolis (‘the Commissioner’) owes a duty to her officers, in the conduct of proceedings against her based on their alleged misconduct, to take reasonable care to protect them from . .
Cited – Michael and Others v The Chief Constable of South Wales Police and Another SC 28-Jan-2015
The claimants asserted negligence in the defendant in failing to provide an adequate response to an emergency call, leading, they said to the death of their daughter at the hands of her violent partner. They claimed also under the 1998 Act. The . .
Cited – Darnley v Croydon Health Services NHS Trust CA 23-Mar-2017
Claimant’s appeal in personal injury litigation based upon alleged negligence by the receptionist in a hospital’s accident and emergency department. The principal issue in the appeal is whether the receptionist (or the health trust acting by the . .
Cited – Robinson v Chief Constable of West Yorkshire Police SC 8-Feb-2018
Limits to Police Exemption from Liability
The claimant, an elderly lady was bowled over and injured when police were chasing a suspect through the streets. As they arrested him they fell over on top of her. She appealed against refusal of her claim in negligence.
Held: Her appeal . .
Cited – Wilsher v Essex Area Health Authority CA 1986
A prematurely-born baby was the subject of certain medical procedures, in the course of which a breach of duty occurred. to ensure that the correct amount was administered it was necessary to insert a catheter into an umbilical artery so that his . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.625427