Establishing Duty of Care Flashcards
What case provides a category of the duty of care owed to patients by hospitals/ NHS Trust staff?
Darnley v Croydon Health Services NHS Trust
Case establishing duty of care for road users
Nettleship v Weston
Standard of care for reasonable parent
Harris v Percy
Standard owed to employees in regards to prevention of slipping
Latimer v AEC
Practitioner with special skill or competence is not not negligent if he acts according to a practice accepted as acceptable by a responsible body of medical men skilled in that
Bolam v Friern Hospital
Doctor has duty to inform patient of what could be objectively regarded as a material risk (move away from the Bolam test)
Montgomery v Lanarkshire Health Board
Court will reject expert opinion as to what is regarded as accepted medical practice, but only in rare cases - exception to the Bolam test (but not in this case of not intubating a child).
Bolitho v City and Hackney HA
Duty of care for child is that of a typical child of the same age
Mullin v Richards
and
Orchard v Lee
Public authorities may have limited resources (such as prisons) and therefore there may be no breach of duty in these cases
Knight v a Home Office
Neighbour principle established
Donoghue v Stevenson
Test for whether damages are foreseeable is objective
AG v Hartwell
Sufficient proximity: teacher/student relationship
Osman v Ferguson
Sufficient proximity: economic relationship
Everett v Comboni
Sufficient Proximity: assumption of responsibility
Kent v Griffiths
30 min assurance from emergency services phone operator
Sufficient Proximity: type of harm
Vowles v Evans
Rugby
