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Bolitho v City and Hackney Health Authority 1997 (House of Lords) - Negligence case

On 11 January 1984, Patrick Bolitho, who was 2 years old, was admitted to hospital suffering from croup. He was treated by Dr Janet Horn, a senior paediatric registrar, and Dr Keri Rodger, a senior house officer in paediatrics. He was discharged home on 15 January, but was re-admitted on 16 January, suffering from further breathing difficulties. He received one-to-one nursing from a specialist nurse. He appeared much better the following morning, but by the afternoon the nurse paged Sister Sallabank, a very experienced nurse, because he was wheezing badly and had become very white. Dr Horn was contacted, but before she appeared Patrick's condition improved and so she did not need to attend him.

His condition again worsened at 14.00 and Dr Horn was paged. As she was in a clinic at the time, she stated that Dr Rodger would attend in her place. However, Dr Rodger did not receive this message as her pager was not working and so Patrick was not seen by a doctor. At 14.30 Sister Sallabank got more concerned about Patrick's condition and telephoned the doctors. An emergency buzzer indicated that Patrick was experiencing severe breathing difficulties and a cardiac arrest team was immediately called. Patrick suffered severe brain damage and subsequently died.

Discuss this tragic case and decide whether there has been a breach of duty by any health care professionals.

Was there causation of damages, i.e. did the carelessness on the part of the professional(s) cause the harm to Patrick and his untimely death?

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