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ARTICLE · 05 NOVEMBER 2018

Waiting Times In A&E: What Are You Telling Your Patients?

Hospitals may be liable where their receptionists give patients misleading information as to the availability of medical assistance.

IrelandLitigation, Mediation & Arbitration

Hospitals may be liable where their receptionists give patients misleading information as to the availability of medical assistance.

A recent decision of the UK Supreme Court found an NHS Trust liable after a hospital receptionist gave a man with severe head injuries incorrect information as to waiting times, resulting in the man leaving the hospital without being examined by a doctor or nurse. Unfortunately the man later suffered permanent brain damage.

While not binding on the Irish courts, the decision may be of persuasive authority and those operating hospitals in Ireland can certainly learn from the decision.

MISLEADING INFORMATION

In 2010, a man attended at a London A&E department having been attacked and struck on the head. He told the receptionist he felt as if he was about to collapse and that he needed urgent medical attention. The receptionist told him that he would have to wait four or five hours before he was seen.

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This article contains a general summary of developments and is not a complete or definitive statement of the law. Specific legal advice should be obtained where appropriate.

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