| Cassidy v Ministry of Health | |
| Court: | Court of Appeal |
| Citations: | [1951] 2 KB 343, [1951] 1 All ER 574 |
| Opinions: | Denning LJ |
| Keywords: | Contract of employment |
Cassidy v Ministry of Health [1951] 2 KB 343 is an English tort law and UK labour law case concerning the scope of vicarious liability.
Mr Cassidy went to hospital for a routine operation on his hand, but came away with stiff fingers because of the negligence of one of the doctors.[1] He attempted to sue the Ministry of Health in its capacity as employer. The Ministry argued it could not be held responsible and had no vicarious liability, relying partly on Collins v Hertfordshire[2] where it had been suggested that a surgeon was not the 'servant' of his employer.
The Court of Appeal held that the doctor was indeed a servant of the hospital and the Ministry was vicariously liable, because the doctor was integrated into the health organisation. Denning LJ said,[3]
He also noted,[4] that where a patient selects the doctor, then the doctor will not be employed by a hospital.