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Keown v Coventry Healthcare NHS Trust
Keown was an eleven-year-old child who had been climbing an external fire escape, from the underside, at the defendant’s hospital trust when he fell and fractured his arm and suffered a brain injury. The fire escape was part of the hospital grounds and was used by the public for both access and was a known area … See more
Actived: 8 days ago
URL: https://www.lawteacher.net/cases/keown-v-coventry-healthcare-nhs.php
Capacity and Medical Consent
WebCapacity plays a vital role in determining whether a person can exercise autonomy in making choices in all aspects of life, from simple decisions to far-reaching decisions such as serious medical treatment medical or psychiatric treatment. In a legal context it refers to a person’s ability to make a decision, which may have legal …
Breach of Duty of Care Lecture
WebBreach of Duty Lecture. Once a duty of care has been found, it is then necessary to ask whether the defendant has acted in such a way as to have breached that duty of care. The key thing to ascertain here is therefore the standard expected of the defendant. Once that has been done, it is also necessary to examine the actions of the defendant to
Negligence Duty Of Care Cases Tort Law Cases
WebBy s 1 of the Public Health Act 1936 it was the duty of a local authority to carry the Act into execution. Pursuant to that duty, and under the statutory authority contained in s 61 of the Act to make building byelaws, the Bognor Regis Urban District Council (‘the council’) made byelaws regulating (inter alia) the construction of buildings
Ethics and Controversy Regarding Living Wills
WebA living will is a document that indicates a patient’s wishes regarding their health care and how they want to be treated should they become seriously ill and unable to make or communicate a decision of their choice. However there is some evidence that it is much more difficult to anticipate a person’s state of mind when dying than had been
Duty of Care Lecture
WebDuty of care constitutes the first of the three primary elements of tort (duty of care, breach and causation). Whilst there are many situations in which an individual might have acted carelessly, unless they have a duty of care to the person harmed by their carelessness, then no claim will arise. This is a key point - whilst a case (or problem
Causation Lecture
WebCase in Focus: Wilsher v Essex Area Health Authority [1988] AC 1074. The claimant was a prematurely born infant who required extra oxygen in order to survive. A junior doctor inserted a catheter into a vein, rather than an artery, and this resulted in the claimant receiving too much oxygen, causing retina damage and eventually blindness.
Breach of Statutory Duty Lecture
WebThe Health and Safety at Work etc. Act 1974 The most widely applicable statute which deals with workplace safety is the Health and Safety at Work etc. Act 1974 (yes, the ‘etc.’ is part of the title!) This provides, amongst other things, a list of the general duties that employers have towards their employees in terms of safety.
For Liability in Negligence to Arise
Web29 For example Kelly v Corston [1997] 4 All ER 466, Clunis v Camden and Islington Health Authority [1998] 3 All ER 180, Phelps v London Borough of Hillingdon [200] 4 All ER 504. 30 McFarlane v Tayside Health Board [200] 2 AC 59 the claimant attempted to claim for the cost of raising a child who had been conceived in spite of her partners …
CHILDREN ACT 1989
WebIn a 1987 White Paper titled ‘The Law of Child Care and Family Services’ the government stated its intention to overhaul the law. In 1988 the Law Commission published a review of the care law titled ‘Review of Child Care Law: Guardianship and Custody’. The report contained a draft Bill which formed the basis of the Children Act 1989.
Trespass Tort Law Lecture
WebTrespass to land, much like trespass to the person, is a matter of protecting rights, rather than preventing harm. Because of this, no harm need be shown before a trespass is actionable. Thus someone who builds a house on a piece of land the owner wasn’t intending to use will still be committing a tort.
Application, Grounds and Remedies for Judicial Review
WebThe North West Lancashire Health Authority (NWLHA) had rejected the claimants' applications for sex-change procedures stating that it was not their policy to fund such operations, except where there was an overriding clinical need or exceptional circumstances. The CA upheld the policy as rational, but found that the HA had acted …
Judicial Review Lecture
WebThe health authority refused the treatment arguing that it was not an appropriate use of resources. In a claim for judicial review the court quashed the decision of the health authority, however the Court of Appeal upheld the health authorities decision, finding that although it was a difficult decision, the court should not have interfered
Vicarious Liability and Employer Employee Relationship
WebThe organisation test is first identified by Lord Denning in Cassidy v Ministry of Health . Lord Denning applied it while considering whether the doctor working within the NHS is an employee of the Health Authority. It was again reffered by Lord Denning in the case of Stevenson, Jordan & Harrison Ltd v MacDonald and Evans. In this case, Lord
Vicarious Liability in Tort Law
WebVicarious liability is where one person is held liable for the torts of another, even though that person did not commit the act itself. It is therefore a form of strict liability (in that the defendant is not at fault). The most common form of vicarious liability is when employers are held liable for the torts of their employees that are
Employer's Personal Liability Lecture
WebThe duty to provide a safe system of working extends to protecting the mental health of employees (limitations on claims psychiatric harm withstanding.) This is illustrated in Walker v Northumberland County Council [1995] 1 All ER 737. The claimant worked in a busy social services department, and despite requesting additional support from his
Wounding and GBH Lecture
WebCase in Focus: R v Bollom [2003] EWCA Crim 2846 The defendant inflicted bruising on a 17-month-old child and was convicted of GBH. In upholding his conviction Fulford J stated at paragraph 52 “To use this case as an example, these injuries on a 6 foot adult in the fullness of health would be less serious than on, for instance, an elderly or unwell person, on …
Human Rights Act 1998 Lecture
WebE. The Human Rights Act 1998. Prior to the introduction of the Human Rights Act 1998 (HRA) human rights principles were contained in common law and in various statutory provisions. International law has had a considerable influence on the development of human rights including the UDHR, the ICCPR, the ICESCR and the ECHR.
Insanity, Automatism and Intoxication Criminal Law Lecture
WebThe effect of a successful plea is a special verdict of not guilty by reason of insanity. The defendant will then be made the subject of a disposal order under the Mental Health Act 1983. 2.2 Non-Insane Automatism Somewhat confusingly this defence is also referred to as just automatism.
Trespass To Land Lecture
WebSuch a person is allowed a reasonable time in which to leave (Robson v Hallett [1967] 2 QB 939; Minister of Health v Bellotti [1944] KB 298). There is also the defence of estoppel by acquiescence, that is, consent which is expressed or implied from conduct, eg, inactivity or silence (Jones v Stones [1999] 1 WLR 1739 – mere delay in
Contract Law Misrepresentation Cases
WebWilliams v Natural Life Health Foods Ltd (1998) The Times, May 1. See Law Report. Howard Marine v Ogden [1978] QB 574. The defendants wished to hire two barges from the plaintiffs. The plaintiffs quoted a price for the hire in a letter. At a meeting, the defendants asked about the carrying capacity of the barges.
The Balance of Power between Federal and State Governments
WebThis essay will show how the powers of both federal and state governments are balanced under the Constitution of The United States of America (the constitution). To enable an assessment as to how the balance is achieved there is a need to understand the historical context in which it was created; this shall only be brief by highlight the start of …
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