The claimant psychiatrist allowed freedom within the insecure grounds of the hospital to a newly admitted but unexamined patient. He left and committed a homicide. She was suspended pending disciplinary proceedings by the Trust. An expert report found minor faults but suggested no further action, and the claimant sought confirmation that the matter was closed. The trust decided to go ahead. The claimant threatened an injunction to prevent such procedures being commenced. The Trust sought instead to instigate a procedure for maintaining high professional standards. The claimant said that this still was unacceptable.
Held: It was not necessary for the finding of serious fault to allow the instigation of an enquiry. However the report contained no findings of any fault which might properly lead to any disciplinary action, and therefore the procedure would have no purpose.
Judges:
Underhill J
Citations:
[2008] EWHC B9 (QB)
Links:
Citing:
See Also – Mezey v South West London and St George’s Mental Health NHS Trust QBD 20-Dec-2006
. .
See Also – Mezey v Southwest London and St George’s Mental Health NHS Trust QBD 9-Jan-2007
. .
See Also – Mezey v South West London and St George’s Mental Health NHS Trust CA 8-Feb-2007
Application for leave to appeal by defendant – refused. . .
Cited – Bolam v Friern Hospital Management Committee QBD 1957
Professional to use Skilled Persons Ordinary Care
Negligence was alleged against a doctor.
Held: McNair J directed the jury: ‘Where some special skill is exercised, the test for negligence is not the test of the man on the Clapham omnibus, because he has not got this special skill. The test . .
Cited – Mattu v University Hospitals Coventry and Warwickshire NHS Trust QBD 14-Jul-2006
The court considered the nature of the procedures for disciplining medicsl practitioners. . .
Cited – Bolitho v City and Hackney Health Authority HL 24-Jul-1997
The plaintiff suffered catastrophic brain damage as a result of cardiac arrest induced by respiratory failure as a child whilst at the defendant hospital. A doctor was summoned but failed to attend, and the child suffered cardiac arrest and brain . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Employment
Updated: 23 July 2022; Ref: scu.296308
