Darnley v Croydon Health Services NHS Trust [2018] UKSC 50

KEY POINTS

• Those responsible for operating a casualty department have an obligation to individuals seeking medical assistance for illness or injury. When patients present themselves at the emergency department seeking medical assistance, the hospital has a duty to provide accurate information and reasonable care to ensure their well-being.
• The hospital trust has a responsibility to exercise a duty of care. As such, in cases where misleading information was given regarding the timeframe for receiving medical attention, it is not appropriate to differentiate between medically qualified professionals and administrative staff when determining the existence of a duty of care.
• The standard duty of care required on non-medical staff, such as a receptionist at a department providing emergency medical care in this case, is that of an “averagely competent and well-informed person.”

FACTS

• Appellant Michael Darnley sustained a head injury after he was struck on the head by an unknown assailant. He later told his friend about the assault and complained that he had a worsening headache.
• Appellant was then brought to the Accident and Emergency Department (“A & E Department”) at Mayday Hospital which was being managed by respondent NHS Trust. He was told by the receptionist that he would have to wait for a couple of hours before somebody could look at him. The receptionist failed to inform Mr Darnley that he would be seen by a triage nurse within thirty minutes.
• Because of the long waiting time, the appellant decided to leave without informing the receptionist. When he got home without treatment, his condition further worsened.
• He was taken by ambulance to the A & E Department where it was later confirmed that he suffered permanent brain damage in the form of a severe and very disabling left hemiplegia.

COMMENTARY

• The decision in Darnley v Croydon Health Services NHS Trust establishes an important precedent regarding the duty of care owed by hospitals to patients in their emergency departments. It affirms that both medical and non-medical staff have a duty to provide accurate information and reasonable care to patients.
• This ruling reinforces the significance of clear and effective communication in the healthcare setting and highlights the importance of ensuring accurate information is provided to patients to make informed decisions about their health.