Sisters of St. Joseph of the Diocese of London v. Fleming

Sisters of St. Joseph of the Diocese of London v. Fleming

The nurse negligently administered an excessive current and, at the time, was acting as the hospital’s servant within the ordinary scope of her employment; therefore the hospital is vicariously liable for the damages caused by her negligence, and the appeal is dismissed.

Citation
[1938] SCR 172
Parties
Defendant Appellant: Sisters of St. Joseph of the Diocese of London; Plaintiff Respondent: Edward Fleming
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
18 March 1938
Procedural Posture
Torts Negligence (hospital Liability) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Vicarious Liability, Res Ipsa Loquitur, Master Servant Test, Professional Vs Ministerial Duties, Hospital Duty to Patients
Source Language
English
Torts Negligence Agency/vicarious Liability Medical/hospital Law Vicarious Liability Res Ipsa Loquitur Master Servant Test Professional Vs Ministerial Duties +1 more

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Parties

Sisters of St. Joseph of the Diocese of London

Defendant Appellant

Edward Fleming

Plaintiff Respondent

Procedural Posture

Torts Negligence (hospital Liability) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Final Judgment on Appeal

Legal Issues

  1. 1 Whether the nurse was negligent in administering the diathermic treatment
  2. 2 Whether the hospital is legally liable for the nurse’s negligence (vicarious liability)
  3. 3 Proper application of res ipsa loquitur and the test to determine hospital liability

Ratio Decidendi

The nurse negligently administered an excessive current and, at the time, was acting as the hospital’s servant within the ordinary scope of her employment; therefore the hospital is vicariously liable for the damages caused by her negligence, and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgment for plaintiff in the amount of $3,056.60 affirmed