The plaintiffs sought damages after being severely paralysed after what should have been minor spinal anaesthetic procedures. The nupercaine had been contaminated by seepage. A part time anaesthetist, not employed directly by the hospital had been found negligent.
Held: Lord Denning cautioned against the use of hindsight in assessing whether an alleged tortfeasor has been negligent, since it was easy to be wise after the event. The standard of care is to be judged on the basis of scientific and technical knowledge at the time of the alleged negligence. The maxim ‘res ipsa loquitur’ has no magical qualities. The hospital was liable for the negligence of those who administer treatment in its hospital, regardless of their exact employment status.
Judges:
Somervell, Denning, Morris LJJ
Citations:
[1954] EWCA Civ 7, [1954] 2 All ER 131, [1954] 2 QB 66, [1954] 2 WLR 915
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Woodland v Essex County Council CA 9-Mar-2012
The claimant had been injured in a swimming pool during a lesson. The lesson was conducted by outside independent contractors. The claimant appealed against a finding that his argument that they had a non-delegable duty of care was bound to fail. . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence
Updated: 12 July 2022; Ref: scu.262845
