Meghann McTague asks, when is an accident really an accident?
In Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163, [2013] All ER (D) 236 (Sep), Ms Ford was a passenger on an international flight from London Heathrow to Melbourne via Kuala Lumpur. She had, as a result of her previous medical history, been prone to bouts of cystitis. The extent of her previous treatment had been to purchase over the counter medication in respect of it.
While on board, the appellant realised that she was having difficulty in urinating and asked the cabin crew whether they had any bicarbonate of soda or cranberry juice. Unfortunately, neither was available; however the crew were aware that one of their first class passengers was a doctor.
Examination
The doctor agreed to examine the appellant and the appellant consented to this without further enquiry as to what the nature of the doctor’s qualifications or experience was.
The doctor suggested to the appellant that she have an injection of a diuretic to enable her to urinate. The appellant
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