Healthcare + Prisoners

Summarised by Nigel Poole in his Learned Friend blog is yesterday’s Queens Bench decision of  Razumas v Ministry of Justice [2018] EWHC 215 (QB), in which a prisoner sought to claim against the Ministry of Justice for delayed treatment of sarcoma, over a three year period. He had been in prison for part of that period.

The claim failed on a number of grounds, but is of interest for the court’s consideration of the content of the duty of care owed by the Ministry (at [109]), the lack of a relevant non-delegable duty of care (at [132]) and the failure of the vicarious liability claim, as the health care providers were employed by another entity (at [159]).

The claim includes a discussion of the circumstances in which a claimant’s ‘fundamental dishonesty‘ in giving some of his evidence might deprive him of an award of damages.