The claimants sought damages after being wrongfully accused of abusing their children.
Held: Public policy considerations militated strongly against the existence of any duty on the facts of the case. No duty of care can be owed by the doctor or the social worker to the parent, and accordingly no claim may lie and these claims must be dismissed with no evidence called and no detailed examination of the facts.
Judges:
Judge Hale
Citations:
[2003] Lloyd’s Rep Med 9
Jurisdiction:
England and Wales
Cited by:
Appeal from – JD, MAK and RK, RK and Another v East Berkshire Community Health, Dewsbury Health Care NHS Trust and Kirklees Metropolitan Council, Oldham NHS Trust and Dr Blumenthal CA 31-Jul-2003
Damages were sought by parents for psychological harm against health authorities for the wrongful diagnosis of differing forms of child abuse. They appealed dismissal of their awards on the grounds that it was not ‘fair just and reasonable’ to . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Health Professions
Updated: 09 February 2022; Ref: scu.224358