Journal of Bioethical Inquiry

, Volume 16, Issue 1, pp 13–16 | Cite as

The Catastrophic Consequences of Negligent Misinformation—Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

  • Michaela Estelle OkninskiEmail author
Recent Developments


Actions in negligence can be difficult to successfully plead. Each stage of the negligence inquiry—duty, breach, and causation—pose separate challenges for plaintiffs. For instance, establishing that the defendant owed a duty of care can be difficult, unless the facts fit neatly within an established duty category,1 as courts are mindful to avoid opening the floodgates, potentially creating a new wave of liability for plaintiffs in negligence (Darnley v Croydon Health Services NHS Trust[2017] EWCA Civ 151, [53] (Jackson J). This was a noted concern in Jackson J’s judgment where it was held that “litigation about who said what to whom in A & E waiting rooms could become a fertile area for claimants and their representatives” ([55]). It was also hinted at in Sales LJ judgment (see [84], [88]). However, actions based in medical negligence are generally unproblematic in this regard. It is well established at law that healthcare providers (including doctors and hospitals),...


Law Negligence Misinformation Duty of care Responsibility 


Copyright information

© Journal of Bioethical Inquiry Pty Ltd. 2019

Authors and Affiliations

  1. 1.Adelaide Law SchoolThe University of AdelaideAdelaideAustralia

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