Английская Википедия:Cassidy v Ministry of Health

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Шаблон:Use dmy dates Шаблон:Infobox court case

Cassidy v Ministry of Health [1951] 2 KB 343 is an English tort law and UK labour law case concerning the scope of vicarious liability.

Facts

Mr Cassidy went to hospital for a routine operation on his hand, but came away with stiff fingers because of the negligence of one of the doctors.[1] He attempted to sue the Ministry of Health in its capacity as employer. The Ministry argued it could not be held responsible and had no vicarious liability, relying partly on Collins v Hertfordshire[2] where it had been suggested that a surgeon was not the 'servant' of his employer.

Judgment

The Court of Appeal held that the doctor was indeed a servant of the hospital and the Ministry was vicariously liable, because the doctor was integrated into the health organisation. Denning LJ said,[3]

Шаблон:Cquote

He also noted,[4] that where a patient selects the doctor, then the doctor will not be employed by a hospital.

See also

Шаблон:Clist worker scope

Notes

Шаблон:Reflist

References

  1. Шаблон:Cite news
  2. [1947]
  3. [1951] 2 KB 343, 361
  4. [1951] 2 KB 343, 362