Economics 3366A/B Study Guide - Quiz Guide: Hospital Management Committee, Electroconvulsive Therapy, Disinfectant
8 Oct 2020
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Anaesthetic kept in glass ampoules, stored in disinfectant. Traces of disinfectant had seeped into the anaesthetic and caused paralysis. It was not known at the time that this could happen. Held not liable as no one knew at the time that fluid could permeate glass. The standard of care required is that of the hypothetical reasonable man. The man on the clapham omnibus (hall v brooklands racing club [1933]). The test is objective no account is taken of the idiosyncrasies of the person whose conduct is in question. An inexperienced defendant will normally be held to have the level of skill of one with the normal level of experience for the job in question: An action in negligence against a learner driver succeeded on the grounds that, when determining whether there has been a breach of the duty of care the standard of care is assessed objectively.
