General Cases >> Negligence >> Case 1 / Case 2 / Case 3 / Case 4 / Case 5 / Case 6 / Case 7 / Case 8

Wilsher v Essex AHA 1988 - Negligence case (Inexperience)

Court Decision

The plaintiff initially won the claim, but lost the case in the Court of Appeal. The judgment was that, a hospital authority which fails to provide doctors of sufficient skill and experience to give the treatment required, may be directly liable in the case of negligence. No allowance can be made for inexperience. Argument by the defendants that the staff concerned did their best in view of their inexperience was rejected. The standard and competence and experience cannot be compromised. Therefore, as the court recognised the need for 'on the job' learning, it is vital that learners are suitably supervised and do not overstep their own limitations. Responsibility in law would then shift to the supervisor.

Back