Kent v Griffiths

An ambulance service that accepted an emergency call owed a duty of care to the patient to arrive within a reasonable time.

Citation
[2001] QB 36
Court
Court of Appeal (Civil Division)
Year
2001
Subject
Tort Law
Topic
Duty of care

Facts

Mrs Kent, who had asthma, suffered a severe attack at home. Her doctor called for an ambulance, which was accepted, but the ambulance took about 40 minutes to arrive, although it was only a few miles away, and there was no good reason for the delay. Mrs Kent suffered a respiratory arrest on the way to hospital, causing brain damage. She sued the London Ambulance Service.

Legal principle

The Court of Appeal held that the ambulance service owed a duty of care and was liable. Lord Woolf MR said that the ambulance service was part of the health service, providing services equivalent to those of hospitals, rather than a service like the police or fire service whose duty was to protect the public generally. Once the call was accepted, the service owed a duty to the named individual, and there was no conflict with its duty to the public, so it was fair, just and reasonable to impose a duty. The failure to arrive in a reasonable time without any justification was a breach of that duty.

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