Tort – negligence

Tort – negligence

Mary who is asthmatic lives with her parents in the small town of Ashton. One night, at about 1.30 am Mary suffered a severe asthma attack. Discovering that there was no inhaler in the house to relieve the asthma, Mary’s parents telephoned the emergency services and requested for an ambulance as a matter of urgency. After hearing about Mary’s condition, the ambulance service promised that an ambulance would be sent to Mary’s house immediately. The local ambulance service was based at a station located less than 30 minutes’ drive away from Ashton.

Before calling the emergency services, Mary’s parents had considered taking her to the Accident and Emergency department of Newden General Hospital but decided against it since it was located more than one-hour drive away from Ashton.

The ambulance paramedics did not however arrive at Mary’s residence until 90 minutes after it received the call. By that time, Mary had become severely short of oxygen and very weak. Now the paramedics, having realised that they had forgotten to bring along an oxygen canister and inhalers needed to relieve Mary’s asthma, decided to rush Mary to the hospital. As they hastened towards the ambulance with Mary in a stretcher, one of the paramedics stumbled, causing Mary’s head to hit a brick wall. Mary died later in hospital due to brain damage caused by lack of oxygen and concussion.

Mary’s parents sued the National Health Service (NHS), the operators of the ambulance service, in negligence. The NHS admits that the ambulance service had acted with carelessness but insists they were not liable since they did not owe Mary any duty of care.

In the High Court, the NHS was found liable to Mary in negligence. The defendant appealed to the Court of Appeal.

In the Court of Appeal, the verdict of the lower court was overturned on the ground that no duty of care was owed to Mary by the defendant since the conditions for the existence of duty of care have not been satisfied.

Mary’s parents have now appealed to the Supreme Court. The only issue for determination at the court is whether the ambulance service and the NHS owe a duty of care to Mary.

Write the judgement.

General instructions:

. The coursework should be written in the form of an essay; accordingly, the principles of essay writing apply.

. The coursework tests your ability to analyse, discuss and evaluate the requirements and considerations for, and the authorities on, the existence and imposition of duty of care in the tort of negligence and to apply them to the facts of the case before you. The judgment should therefore, concern only the issues for determination.

. Relevant previous authorities should be discussed as appropriate in the judgment. Remember, however, that you are writing as a justice of the Supreme Court which is not bound by any precedent.

. The referencing should be OSCOLA format

 

 

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