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Chapter 3

Illustration 5 – Negligence

BARNETT V CHELSEA & KENSINGTON HOSPITAL 1969

Facts:

Barnett attended the hospital complaining of severe stomach pains and
vomiting. The doctor on duty didn’t examine him but told the nurse to send him
home and tell him to contact his GP the next day. Mr Barnett was suffering
from arsenic poisoning and died during the night.

Held:

By the time Barnett attended the hospital his symptoms were too advanced and
there was nothing the hospital could have done to prevent his death. There
was no causal link between the hospital’s breach and his death and as such
they were not liable to his wife.

 If something happened after the defendant’s breach that caused or contributed
to the damage then the defendant’s liability will cease at that point.

The following losses are normally recoverable:

 Loss as a result of personal injury

 Damage to property

 Financial loss directly connected to personal injury (i.e. loss of wages).

Pure financial loss is very rarely recoverable.

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