Facts
In Cassidy v Ministry of Health (1951) 2 KB 343, the plaintiff underwent an operation on his hand performed by Dr. Fahrini, who was employed full-time as an assistant medical officer at the defendant’s (D’s) hospital. After the operation, P’s hand was placed in a splint, and Plaintiff was under the care of Dr. Fahrini, a house doctor, and the hospital’s nursing staff. When the splint was removed, Plaintiff found that his hand had become useless. Plaintiff sued Defendant, alleging negligent treatment following the operation.
Issue:
The issue was whether Defendant (the Ministry of Health, which operated the hospital) was responsible for the negligence of Dr. Fahrini and the house doctor, who were both involved in P’s care.
Holding
The Court of Appeal held that Defendant (the Ministry of Health) was vicariously liable for the negligence of both the surgeon and the house doctor. This was because both doctors were employed as part of the hospital’s permanent staff under contracts of service.
The court distinguished between a contract of service (where the employer is vicariously liable for an employee’s negligence) and a contract for services, concluding that since both doctors were employed as part of the hospital’s staff, D was responsible for their negligence.
