Ministry of Justice v Carter

Ministry of Justice v Carter

The appeal was allowed because the trial judge failed to apply the correct legal test for breach of duty in clinical negligence. There was a responsible body of medical opinion supporting the decision not to refer Ms Carter for specialist investigation, and the judge did not find that this opinion was illogical or unreasonable. Therefore, no breach of duty was established.

Parties
Appellant/defendant: Ministry of Justice; Respondent/claimant: Cheryl Carter
Jurisdiction
England and Wales
Judgment Date
18 June 2010
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on Liability in Clinical Negligence
Outcome
Appeal allowed; finding of breach of duty set aside
Legal Topics
Clinical Negligence, Standard of Care, Medical Referral Practice, Appellate Review
Tort Law Medical Negligence Clinical Negligence Standard of Care Medical Referral Practice Appellate Review

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

Civil Appeal / Appeal From High Court Judgment on Liability in Clinical Negligence

Legal Issues

  1. 1 Whether the failure by Dr Premaratne to refer Ms Carter to a breast clinic after her third complaint constituted a breach of duty under the standard of care in clinical negligence

Ratio Decidendi

The appeal was allowed because the trial judge failed to apply the correct legal test for breach of duty in clinical negligence. There was a responsible body of medical opinion supporting the decision not to refer Ms Carter for specialist investigation, and the judge did not find that this opinion was illogical or unreasonable. Therefore, no breach of duty was established.

Court Disposition

Appeal allowed; finding of breach of duty set aside

Orders

  • Judgment for the Ministry of Justice
  • No finding of breach of duty against Dr Premaratne