Law Weblog

JD v East Berkshire NHS Trust [2005] HL

[Tort – duty of care – fair, just and reasonable]
D were health care professionals who misdiagnosed child abuse cases. CCC were three parents who temporarily lost custody of their children, resulting in psychiatric damage and financial loss.

Held: The healthcare trusts did not owe a duty of care.
Lord Nicholls of Birkenhead: “The doctor is charged with the protection of the child, not with the protection of the parent.
Lord Bingham dissented.

C lost
Whole case here