Cassidy v Ministry of Health [1951] 2 KB 343

Facts

  • The claimant, Cassidy, suffered loss of use of his hand due to negligent treatment received from doctors and nurses at a hospital.
  • The medical staff involved were employees of the Ministry of Health, engaged under contracts of service.
  • The central question was whether the Ministry, as the hospital's operator, could be held vicariously liable for the negligence of its employed medical professionals.
  • The Ministry argued lack of liability on the basis that it could not control the manner in which the professionals performed their medical duties, relying on the traditional control test.
  • The Court of Appeal held the Ministry liable, rejecting the strict application of the control test and emphasizing the hospital's non-delegable duty to its patients and responsibility for staff selection.

Issues

  1. Whether an employer can be held vicariously liable for the negligence of professional employees, such as doctors and nurses, where direct control over their methods is absent.
  2. Whether the strict control test is an adequate standard for determining vicarious liability in cases involving skilled professionals.
  3. Whether a hospital owes a non-delegable duty of care to patients that cannot be discharged by delegating tasks to employees or others.

Decision

  • The Court of Appeal found the Ministry of Health vicariously liable for the negligence of the hospital's employed medical staff.
  • The court rejected the adequacy of the strict control test for skilled professionals, recognizing that a hospital's responsibility extends to the selection and placement of staff, not just to the technical supervision of their work.
  • It was affirmed that the hospital owed Cassidy a non-delegable duty of care; this duty could not be avoided by delegating to doctors or nurses, regardless of their employment status.

Legal Principles

  • The control test is inadequate for determining employer liability where employees possess specialist skills and discretion in execution of their duties.
  • Vicarious liability applies where the employer is responsible for bringing employees into the organisation and has authority over their selection and ongoing employment.
  • Hospitals and similar entities owe patients a non-delegable duty of care, meaning they remain liable for the acts of medical staff employed by them.
  • The patient has no role in choosing the staff, further supporting the institution's legal responsibility for the actions of its personnel.

Conclusion

Cassidy v Ministry of Health [1951] 2 KB 343 marked a significant shift by moving beyond the strict control test and asserting that hospitals owe a non-delegable duty of care, making them vicariously liable for employees’ negligence. This judgment expanded employer liability, ensuring broader protection to those affected by the acts of institutional staff, particularly in healthcare.

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