No. of Public CPD Points: 1.0
Practice Area: Personal Injury
Training Level: General
ABOUT THIS SEMINAR
The seminar will examine the application of a non-delegable duty of care and vicarious liability in private healthcare provision by reference to the application of recent cases in the U.K. Supreme Court and the Federal Court of Malaysia to this area.
The recent litigation in the U.K. brought against Mr Ian Paterson, breast surgeon, and Spire Healthcare, which was compromised in September 2017 raised issues on whether the providers of hospital and ancillary facilities, who grant practicing privileges to consultants owe a non-delegable duty of care to patients treated at their hospitals.
In an increasingly complex world of private healthcare provision and statutory oversight, this raises an interesting area for discussion. The issues were also recently considered in Kok, by the Federal Court of Malaysia, where on a different factual matrix the court found for the private healthcare provider.
The seminar is of interest primarily to clinical negligence practitioners but also to those involved in professional negligence more generally as an example of the changing landscape in the application of duties of care as societal changes lead to the differing attribution of responsibility for negligence.
Kuah Boon Theng, SC - Director, Legal Clinic LLC
David Pittaway QC - Barrister, Hailsham Chambers