Miscellaneous Public Authority Functions

Doctors owe a duty of care to their patients, and this duty will be owed regardless of whether the doctor is a public sector employee operating within a statutory framework or is providing health care privately. Medical negligence claims in relation to the care which doctors provide to individual patients are outside the scope of this book. Cases arise, however, that do not involve individual doctor-patient relations and raise broader questions of medical policy. In such instances, the fact that the defendant is a public authority exercising public powers is likely to be material to a determination of whether a duty of care should be imposed, and it is such cases we consider in this section. It should be noted that the potential liabilities in negligence of the bodies that regulate the medical profession are not considered in this chapter, but are examined in Chapter 14, where we consider professional regulators.