Ministry of Justice v Carter [2010] EWCA Civ 694 (18 June 2010)

Ministry of Justice v Carter [2010] EWCA Civ 694 (18 June 2010)

Failure to refer Ms Carter for specialist opinion was not mandated by professional standards or guidelines, and the judge erred by substituting his own view for established medical practice. No breach of duty was established as the responsible body of medical opinion would not have referred her under the circumstances.

Citation
[2010] EWCA Civ 694
Parties
Appellant/defendant: Ministry of Justice; Respondent/claimant: Cheryl Carter
Jurisdiction
England and Wales
Judgment Date
18 June 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; claim dismissed
Legal Topics
Breach of Duty, Standard of Care, Referral Practice, Medical Guidelines, Expert Evidence
Clinical Negligence Medical Law Tort Law Breach of Duty Standard of Care Referral Practice Medical Guidelines Expert Evidence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

Ministry of Justice

Appellant/defendant

Cheryl Carter

Respondent/claimant

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to refer Ms Carter to a breast clinic after third presentation constituted breach of duty
  2. 2 Whether the correct legal test for clinical negligence was applied

Ratio Decidendi

Failure to refer Ms Carter for specialist opinion was not mandated by professional standards or guidelines, and the judge erred by substituting his own view for established medical practice. No breach of duty was established as the responsible body of medical opinion would not have referred her under the circumstances.

Court Disposition

Appeal allowed; claim dismissed

Orders

  • Appeal allowed
  • Original judgment set aside