Barnett v Chelsea & Kensington Hospital [1969]

Facts:

• Mr Barnett attended hospital because he had severe stomach pains and was vomiting after drinking tea.
• The doctor on duty sent him home and recommended he see his GP.
• Mr Barnett died 5 hours later at home, from arsenic poisoning.
• It was later found out that even if the doctor did act, there was nothing he could do to save Mr Barnett.

Problems:

• Could the doctor be charged as negligent regardless despite there being nothing that could be done?

Decision:

• The courts decided that the doctor was not negligent because even though he had a duty of care, and had breached that duty, causation could not be proven as on the balance of probabilities, he was going to die anyway.