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11 Oct 18

Compensation To Be Awarded After Advice Given at A&E Reception

October 11, 2018

The Supreme Court has decided that a Claimant is to be awarded compensation, after being advised by an A&E receptionist that he might have to wait 4-5 hours to receive treatment for a head injury.  The Claimant decided to return to his mother’s house after waiting 19 minutes, and his condition deteriorated.

Giving judgment in Darnley v Croydon Health Services NHS Trust, Lord Lloyd-Jones overturned the Court of Appeal Judgment of Lord Justice Jackson, stating that the hospital had a duty to ensure no misleading information which might lead to harm is given to patients; and that that duty extends to non-clinical as well as clinical staff.

The case is due to be remitted back to the Queen’s Bench Division for damages to be assessed.

For further details, click here.