header-logo header-logo

Wilsher revisited

21 July 2017 / David Levy
Issue: 7755 / Categories: Features , Professional negligence
printer mail-detail

What constitute ‘basic requirements’ in respect of history & clinical examination? Dr David Levy considers the evidence

  • Wilsher established that a hospital doctor should be judged by the standard of care appropriate to the post.
  • FB has distinguished doctors’ generic core skills of history taking and clinical examination.

In 2003, 25 years after Martin Wilsher was born prematurely at the Princess Alexandra Hospital Harlow, a 13-month-old infant, FB, was admitted to the Emergency Department (ED) of the same hospital. Wilsher developed retinopathy of prematurity. Whereas his claim against the hospital Wilsher v Essex Area Health Authority [1988] AC 1074 was rejected by the House of Lords on causation, breach—specifically the standards of care provided by trainee doctors—was a principal focus of the arguments in the Court of Appeal ( Wilsher v Essex Area Health Authority [1987] QB 730). In FB v Princess Alexandra Hospital NHS Trust [2017] EWCA Civ 334 causation was not at issue. However, in upholding FB’s appeal, important dicta were made on judicial expectations of trainee doctors working in the NHS.

FB developed a viral respiratory tract infection and was seen

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll