#cases #clinical-negligence #negligence #tort

Cassidy v Ministry of Health [1951] 2 KB 343

Facts: The plaintiff entered a hospital for an operation on his left hand, which necessitated post-operational treatment. While undergoing that treatment he was under the care of the following: the surgeon who performed the operation, a full time assistant medical officer of the hospital, the house surgeon and members of the nursing staff of the hospital, all of whom were employed under contracts of service. At the end of the treatment it was found that the plaintiff’s hand had been rendered useless. It was suggested that his hand had been bandaged too tightly, that no heed or no sufficient heed had been paid to his complaints that he was suffering intense and excessive pain, and that the splint should have been loosened or his hand inspected to prevent the ensuring damage. The Court of Appeal held that the defendant Health Authority were liable for the negligence of doctors and surgeons employed by them under a contract of service arising in the course of the performance of their professional duties.