Clinics, Personnel, Equipment
Joint liability may arise on two bases: (a) because there is vicarious liability for the delicts of another, or (b) because more than one person or body is seen to have contributed to the same wrong. There is some difficulty in saying when precisely there is a contribution to the same wrong. If the delicts are totally separate, as for example in the case of two unconnected assaults, there would not be one wrong, even though in general they could be said to have contributed to the same sort of result (see Turn-bull v. Frame 1966 S.L.T. 24). This is unlikely, however, to be an issue in medical cases, since the delicts are likely to be connected, either because they actually all combine to produce the one event or because it is a situation where the chain of causation between the two events cannot be seen to be broken, in which case there would be joint liability in respect of the later event.
KeywordsMedical Case Health Board National Health Service Hospital Private Work Vicarious Liability
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