Cassidy v Minister of Health [1951] 2 KB 343

Written By Nicolas Heyes

Court: Court of Appeal

Basic Facts:

  • C’s hand was damaged due to negligent post-operative care by hospital staff, leading C to sue the hospital.

Issue for the Court:

  • Can an employer be liable for the actions of their employees who operate independently?

Held: The Court of Appeal held that the defendant was vicariously liable.

  • Somervell LJ: The hospital is vicariously liable for the negligence of its employees.

  • Denning LJ: Hospitals have a non-delegable duty of care to their patients, meaning they remain liable for the negligence of employed staff, regardless of whether they are directly supervised or not.

Nicolas Heyes
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