COVID-19 Healthcare: An Abnormal Situation, But Normal Standards Apply

• Published date: 18 May 2020
• Author: Mr Graeme Watson and Chris Dunn
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Coronavirus (COVID-19), Operational Impacts and Strategy
• Law Firm: Clyde & Co

Across the NHS healthcare professionals are finding themselves working in roles and on wards outside their usual experience. In these circumstances, what standard of care would the courts expect of them?

Current events have found medical professionals in posts that are not part of their usual day jobs. More extreme examples include the Irish Taoiseach returning to work as a junior doctor. However across the NHS healthcare professionals are finding themselves working in roles and on wards outside their usual experience. Student nurses and recently graduated doctors are a vital resource providing care beyond what would ordinarily be the case. In these circumstances, what standard of care would the courts expect of them?

In Dowson v Lane [2020] EWHC 642 the question arose as to the standard of care expected of a GP registrar. The case is of particular relevance to current events.

A doctor or other medical professional must provide a standard of treatment that a responsible body of medical professionals who work in the same field would deem to be acceptable. The decision of Wilsher v Essex Area Health Authority [1987] QB 730 (CA) confirmed that a junior doctor owes the same standard of care as a qualified doctor. Inexperience is not a defence.

In Dowson the court reiterated the principle outlined in Wilsher. The rationale is that the standard to be expected is the standard appropriate to the task at hand. Being a junior doctor is of no relevance when carrying out a task that senior colleagues also undertake. If the task is beyond the abilities of a junior doctor then they should not be doing it. If they do...