Citation(s) [1951] 2 KB 343, [1951] 1 All ER 574 Court Court of Appeal of England and Wales Similar Ready Mixed Concrete, O'Kelly v Trusthouse Forte plc, Carmichael v National Power plc, Nethermere (St Neots) Ltd v Gar, James v Greenwich LBC | ||
Cassidy v ministry of health 1951 2 kb 343 1 all er 574
Cassidy v Ministry of Health [1951] 2 KB 343 is an English tort law and UK labour law case concerning the scope of protection for people to employment rights.
Contents
Facts
Mr Cassidy went to hospital for a routine operation on his hand, but came away with stiff fingers because of the negligence of one of the doctors. He attempted to sue the Ministry of Health in its capacity as employer. The Ministry argued it could not be held responsible and had no vicarious liability, relying partly on Collins v Hertfordshire where it had been suggested that a surgeon was not the 'servant' of his employer.
Judgment
The Court of Appeal held that the doctor was indeed a servant of the hospital and the Ministry was vicariously liable, because the doctor was integrated into the health organisation. Denning LJ said,
He also noted, that where a patient selects the doctor, then the doctor will not be employed by a hospital.