header-logo header-logo

High & dry

07 February 2014 / Meghann McTague
Issue: 7593 / Categories: Features , Personal injury
printer mail-detail

Meghann McTague asks, when is an accident really an accident?

In Ford v Malaysian Airline Systems Berhad [2013] EWCA Civ 1163, [2013] All ER (D) 236 (Sep), Ms Ford was a passenger on an international flight from London Heathrow to Melbourne via Kuala Lumpur. She had, as a result of her previous medical history, been prone to bouts of cystitis. The extent of her previous treatment had been to purchase over the counter medication in respect of it.

While on board, the appellant realised that she was having difficulty in urinating and asked the cabin crew whether they had any bicarbonate of soda or cranberry juice. Unfortunately, neither was available; however the crew were aware that one of their first class passengers was a doctor.

Examination

The doctor agreed to examine the appellant and the appellant consented to this without further enquiry as to what the nature of the doctor’s qualifications or experience was.

The doctor suggested to the appellant that she have an injection of a diuretic to enable her to urinate. The appellant

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll