Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent)

[2018] UKSC 50

UKSC 2017/0070
Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent)
On appeal from the Court of Appeal Civil Division (England and Wales)

The Appellant went to A&E after receiving a blow to the head. He was told by the receptionist that it would be 4 to 5 hours before he would be seen. This information was incorrect. The system was that a triage nurse would examine the appellant within 30 minutes of arrival and decide how soon he needed to see a doctor. The Appellant waited 19 minutes then decided to go home. A short time after, the triage nurse came to look for him but he was no longer there. The Appellant’s condition deteriorated at home and he returned to hospital by ambulance. He underwent neurosurgery but by this point it was too late to prevent permanent brain damage resulting in long term disabilities. The Appellant brought a claim for damages against the respondent NHS Trust for injuries caused by negligence of staff at the hospital.
The issue is:
Whether non-clinically trained reception staff at an A&E department owed a tortious duty of care to the Appellant to provide him with accurate information regarding waiting times.

The Supreme Court unanimously allows the appeal and remits the case to the Queen’s Bench Division for assessment of damages.

GMC Chair Prof Sir Terence Stephenson in conversation with Prof Lesley Regan, President of the Royal College of Obstetricians and Gynaecologists
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nhs medical negligence claims

3 thoughts on “Darnley (Appellant) v Croydon Health Services NHS Trust (Respondent)”

  1. I have PTSD I'm bipolar and have fibromyalgia and my doctor asked ''Are you working and if not why not'' i worked 26 years straight but now have these maddening ticks with suicidal thoughts and my doctor changes dosage with no warning told me to ''find a job where you don't have to speak'' like being a mime or something?! And routinely Google my symptoms, i can use Google pretty well so maybe i should swap chairs, useless uncaring swine.

  2. What should a doctor do if they receive a complaint? Nothing, they don't need to worry because the GMC is run by doctors who are still practicing, so they are not impartial. They protect each other no matter what the crime, one big happy corrupt family. The GMC has no value to the public, it's a private club. The Health Ombudsman is exactly the same.

  3. Great so you file a complaint with a GP that has put their patient at significant risk and absolutely nothing happens!!!no wonder patients accept poor care when it's pointless making a complaint in the first place.ridiculous.

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