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- Title
DO HOSPITALS OWE A SO-CALLED 'NON-DELEGABLE' DUTY OF CARE TO THEIR PATIENTS?
- Authors
BEUERMANN, CHRISTINE
- Abstract
It is not uncommon for the duty of care owed by a hospital to its patients to be described as 'non-delegable'. Use of this label suggests that a hospital may be held strictly liable to a patient for the wrongdoing of a third party beyond the circumstances in which vicarious liability might be imposed. To date, no higher court has used the label to impose such liability. Notwithstanding, it was assumed by Lord Sumption in Woodland v Swimming Teachers Association that the duty of care owed by a hospital to a patient could be so described when formulating his test for determining the existence of a 'non-delegable duty of care'. This article challenges that assumption and, in turn, the veracity of the test devised by Lord Sumption.
- Subjects
UNITED Kingdom; REASONABLE care (Law); HOSPITAL care; HOSPITALS; SERVICES for patients; LEGAL liability; MEDICAL malpractice; MEDICAL laws; LAW
- Publication
Medical Law Review, 2018, Vol 26, Issue 1, p1
- ISSN
0967-0742
- Publication type
Article
- DOI
10.1093/medlaw/fwx040