Source: All England Reporter
Publisher Citation: [2002] All ER (D) 48 (Mar)
Court: Court of Appeal, Civil Division

Kennedy, Mantell LJJ and Neuberger J

Representation Kieraa May (instructed by Gotelee & Goldsmith, Ipswich) for the claimant.
  Keith Morton (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 6 March 2002


Medical practitioner - Negligence - Duty of care - Army doctor - Claimant serving in army - Claimant taking part in boxing match - Claimant boxing with temperature of 37.4ºC - Claimant later suffering brain injury - Whether defendant negligent allowing claimant to box with temperature.

The Case

An army medical officer who had allowed the claimant to take part in a boxing match, even though he had a temperature of 37.4C, had not been negligent as on the evidence he had exercise proper care and skill in that he had looked for signs of infection and dehydration and had found none.

Practice Areas

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