Cooper v Prison Board [1982] JLR 227 (21 October 1982)

Cooper v Prison Board [1982] JLR 227 (21 October 1982)

The medical officer's duty to attend at once to a prisoner's illness under the Prison (Jersey) Rules 1957, r.76(1) can be fulfilled by prescribing treatment without physical examination if the information is provided by a responsible, trained hospital officer, and the requirement to attend 'at once' is to be judged by the circumstances and proper medical standards.

Citation
[1982] JLR 227
Parties
Applicant: Cooper; Respondent: Prison Board
Jurisdiction
Jersey
Judgment Date
21 October 1982
Procedural Posture
Civil / Judgment
Outcome
claim dismissed
Legal Topics
Duty of Care, Medical Attendance, Prisoner Rights
Prison Law Medical Law Duty of Care Medical Attendance Prisoner Rights

Case Brief

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Parties

Cooper

Applicant

Prison Board

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the medical officer's duty to 'attend at once' to a prisoner's illness under Prison (Jersey) Rules 1957, r.76(1) requires physical examination or can be satisfied by prescribing treatment based on information from a trained hospital officer
  2. 2 Whether the requirement to attend 'at once' depends on the circumstances, including the nature and seriousness of the illness

Ratio Decidendi

The medical officer's duty to attend at once to a prisoner's illness under the Prison (Jersey) Rules 1957, r.76(1) can be fulfilled by prescribing treatment without physical examination if the information is provided by a responsible, trained hospital officer, and the requirement to attend 'at once' is to be judged by the circumstances and proper medical standards.

Court Disposition

claim dismissed