Professional Negligence and Liability

Chapter 2



2.1 There is in damages for professional negligence a major watershed which must be addressed at the start. Cases where there is personal injury or death lie on one side of the divide, the rest lie on the other. This makes for a fundamental distinction between medical negligence where personal injury and death are the order of the day and all other areas of professional negligence, making up the great mass of such claims, upon which personal injury and death very rarely impinge, the injury being almost invariably economic. Cases in the limited first category are dominated by damages for lost earning capacity, for medical expenses and costs of care, and for pain, suffering and loss of amenities; Roberts v. Johnstone 1 can be taken as a typical example. These heads of damage have marginal relevance2 for the central second category and therefore this does not seem to be the appropriate place to consider them; this is particularly so since they have built up an enormous weight of case law which, if given full rein, would swamp this chapter.3 They are therefore excluded from the text.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.