The Catastrophic Consequences of Negligent Misinformation—Darnley v Croydon Health Services NHS Trust  UKSC 50
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Actions in negligence can be difficult to successfully plead. Each stage of the negligence inquiry—duty, breach, and causation—pose separate challenges for plaintiffs. For instance, establishing that the defendant owed a duty of care can be difficult, unless the facts fit neatly within an established duty category,1 as courts are mindful to avoid opening the floodgates, potentially creating a new wave of liability for plaintiffs in negligence (Darnley v Croydon Health Services NHS Trust EWCA Civ 151,  (Jackson J). This was a noted concern in Jackson J’s judgment where it was held that “litigation about who said what to whom in A & E waiting rooms could become a fertile area for claimants and their representatives” (). It was also hinted at in Sales LJ judgment (see , ). However, actions based in medical negligence are generally unproblematic in this regard. It is well established at law that healthcare providers (including doctors and hospitals),...