Source: All England Reporter
Publisher Citation: [2005] All ER (D) 395 (Nov)
Neutral Citation: [2005] EWCA Civ 1439
Court: Court of Appeal, Civil Division

Waller, Jonathan Parker LJJ and Sir Christopher Staughton

Representation Martin Spencer QC (instructed by Leigh Day & Co) for the claimant.
  John Grace QC (instructed by Berryman Lace Mawer) for the defendant.
Judgment Dates: 29 November 2005


Medical practitioner - Negligence - Duty of care - Standard of care - Advice - Doctor advising no reason not to proceed with immunisation - Claimant having abscess at time of immunisation - Claimant subsequently contracting vaccine strain of polio - Whether medical practitioner negligent - Whether failure to inform abscess unusual relevant breach of duty of care.

The Case

In order to show that a doctor had been negligent in giving the advice he had, it had to be shown that the injury suffered by the patient was within the risk from which it was the doctor's duty to protect him, namely that he had to take care in the examination, diagnosis and treatment of his patient's condition to prevent injury to his health from risks which a competent practitioner would foresee as likely to result from his failure to do so.

Practice Areas

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