The Supreme Court heard Darnley v Croydon Health Services NHS on 7 June 2018. The Supreme Court will decide whether the NHS Trust should be liable in negligence for the conduct of a receptionist in giving a misleading waiting time.
The claimant had sustained a head wound from an assault. He sought assistance from Accident & Emergency at Croydon Health Services and a receptionist asked him to wait, giving him an estimated waiting time of up to four to five hours. He would have in fact been seen within half an hour. After waiting for only nineteen minutes, the claimant left the hospital untreated and returned home. Unfortunately his condition deteriorated and as a consequence he developed permanent brain damage prior to returning to the hospital in an ambulance.
Bradley Martin KC was led by Philip Havers KC.