header-logo header-logo

Whose duty of care?

nlj_7823_foster

It’s time to adopt a more mature approach to liability, says Charles Foster

  • An NHS Trust as a whole owes a duty to claimants. This includes a duty to take reasonable care not to provide misleading information which may foreseeably cause physical injury.
  • Non-clinical staff play a part in the discharge of this duty. Whether they have discharged it will depend on what it is reasonable to expect them to do.
  • The notion of contributory negligence should not be conflated with the notion of the causation required to establish primary liability.

The Supreme Court’s latest foray into clinical negligence, Darnley v Croydon Health Services NHS Trust [2018] UKSC 50, [2018] All ER (D) 41 (Oct) will be widely cited —and usually, I expect, for precisely the wrong reasons. It will be relied upon as authority for the proposition that NHS Trusts, via their administrative staff, owe a duty of care to take reasonable steps to avoid foreseeable physical injury to patients, whereas it is primarily authority for the proposition that no

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nick McDonnell, Kain Knight

NLJ Career Profile: Nick McDonnell, Kain Knight

Nick McDonnell of Kain Knight reflects on an unexpected legal career, his drive to support vulnerable clients and the surprising pleasures of watching nothing happen

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter—Angela Arnold

Mayo Wynne Baxter strengthens property team with new partner appointment

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale—Jeremy Kosky & Charlie Lightfoot

WilmerHale expands London disputes capabilities with addition of two leading partners

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll