July-December 2019
ISSN 2516-1210 (Print), 2515-9887 (Online)
In a recent appeal against Princess Alexandra Hospital NHS Trust, the Court of Appeal was wrong to find that Dr Rushd breached the standard of care in taking a patient’s history in *FB v Princess Alexandra Hospital NHS Trust* [2017] EWCA Civ 334. An analysis of the court’s judgment shows that it failed to assess the standard of care for taking a history against the measure of reasonableness. Applying the measure of reasonableness demonstrates that Dr Rushd did provide a reasonable standard of care. Although the court was right to uphold *Wilsher v Essex AHA* [1987] 1 QB 730, because junior doctors should not be held to a lower standard of care, this does not justify the Court of Appeal setting the standard of care higher than that expected under a reasonable standard. Upholding this precedent places an onerous burden on GPs.
2 Myra J Tawfik, ‘Copyright History as Book History: The Law Inmultidisciplinary Context’ in Paul Torremans (ed), Research Handbook on Copyright
Law (2nd edn, Edward Elgar Publishing 2017). 34.
3 Justin Koo, ‘Enforcing the EU Right of Communication to the Public in
Cases of Ubiquitous Infringement’ in Paul Torremans (ed), Research Handbook on Copyright Law (1st edn, Edward Elgar Publishing 2017). 199.
4 Justine Pila, ‘Copyright and Related Rights: Outlining a Case for European
Morality/Public Policy Exclusion’ in Paul Torremans (ed), Research Handbook on Copyright Law (1st edn, Edward Elgar Publishing 2017). 450-451.
5 European Max Planck Group on Conflict of Laws in Intellectual Property.
Conflict of Law in Intellectual Property: The CLIP Principles and Commentary (Oxford University Press, 2013), 69. Cited by Paul Torremans, ‘Copyright Jurisdiction under EU Private International Law’ in Paul Torremans
(ed), Research Handbook on Copyright Law (1st edn, Edward Elgar Publishing 2017). 565.
6 Thomas Riis and Jens Schovsbo, ‘The Borderless Online User: Carving up
the Market for Online and Streaming Services’ in Paul Torremans (ed), Reagreements in which territorial delineation is established might be void if
they are contrary to competition rules, the existing copyright on the contents implicates that there would be an infringement if the user accesses
the content through the service provider in a country in which the
provider does not hold the right to do it so.
search Handbook on Copyright Law (1st edn, Edward Elgar Publishing
2017). 317.
1 Email: dfalvareza@gmail.com
(2019). Case note: An Onerous Standard of Care in History Taking (FB v Princess Alexandra Hospital). Legal issues Journal, 7 (2), https://www.legalissuesjournal.com/article/07-02-15072019/
