Analysis of Lord Lloyd Jones’ Statement in Darnley v Croydon Health Services NHS Trust [2018] UKSC 50
Jackson LJ observed that to hold the respondent responsible would create “a new head of liability for NHS health trusts”. To my mind, however, the present case falls squarely within an established category of duty of care. It has long been established that such a duty is owed by those who provide and run a casualty department to persons presenting themselves complaining of illness or injury and before they are treated or received into care in the hospital’s wards. The duty is one to take reasonable care not to cause physical injury to the patient.Lord Lloyd-Jones at para 15 Critically analyse the above statement made by Lord Lloyd Jones in the Supreme Court decision of Darnley Croydon Health Services NHS Trust [2018] UKSC 50, with particular reference to the potential implications on future case law.