Breach of Duty
It is essential now to take into account Baron Alderson’s objective test formed from Blyth v Birmingham Waterworks Co if one is to establish a breach of duty for Brian against the hospital and police. He states that the actions taken by the defendant must be of the same standard of care that the reasonable man would have used in the same situation. With regards to Brian’s claim against the hospital, Bolitho v City and Hackney Health Authority , where a child suffered brain damage after a doctor failed to clear a blocked airway, must be used. As the courts challenged the application of the similar case of Bolam , the views of those supporting the defendant are no longer relevant, as the court case is analysed. This signifies that the actions of the junior doctor compared to the senior are now under scrutiny. As his actions would not have been what the senior doctor would have done, the courts should acknowledge that he has fallen below the level of standard of care, indicating a breach.…show more content… As in Haley v London Electricity Board it was held that the injuries sustained by the blind man was indeed foreseeable, precisely just as Brian was foreseeable in the fact that there had to be a high degree of confidentiality within the investigation for the assurance of his safety. As a consequence, the police too have breached their
