In a Witness Statement in the present proceedings, Mr Watson stated that this accorded with his understanding as a boxer that the Board undertook responsibility for all the medical aspects of boxing, including the medical supervision of boxing contests, in the United Kingdom. Each venue must have a room set aside exclusively for medical purposes. Each emphatically concluded that it was. He submitted that, having regard to the chaos prevailing at the end of the fight, Mr Watson would not have received medical attention for seven minutes, even if the Hamlyn protocol had been in place. After the operation Mr Watson was taken to the intensive care unit where he arrived at 04.45. First published: 28 June 2008. In consequence, the pupil fails to receive the appropriate educational treatment and, as a result, his educational progress is retarded, perhaps irreparably. None of the three doctors present went to his assistance until requested to do so. Indirect Influence on the Occurrence of Injury. They support the proposition that the act of undertaking to cater for the medical needs of a victim of illness or injury will generally carry with it the duty to exercise reasonable care in addressing those needs. 80. [7] Paying the compensation granted to Watson, which was eventually reduced to 400,000, led to the BBBC selling their London headquarters and moving to Wales. It did not summon medical assistance and its supervision of him was inadequate". The L.A.S. These considerations lead to the final point made by Mr Walker in the context of proximity. The following rules fall into this category: 3.8 The promoter shall procure that two doctors, who must be approved by the Area Medical Officer, attend at all promotions, one of whom must be seated at the ringside at all times during the contest. I consider that the Judge could properly have done so. In each case it was alleged that the professional in question negligently failed to diagnose dyslexia. I see no reason why the rules should not have contained the provision suggested by the Judge. The Board next drew attention to evidence that a member of the public having sustained brain damage in a road accident would not expect to receive from the ambulance attending the scene the resuscitation service which the Judge held should have been available at the ringside. Likewise, a doctor who happened to witness a road accident will very likely go to the assistance of anyone injured, but he is not under any legal obligation to do so, save in certain limited circumstances which are not relevant, and the relationship of doctor and patient does not arise. He distinguished the fire and police `rescue' cases on the ground that: "This was not a case of general reliance, but specific reliance. It has limited liability. However, should this not be so, then the boxer's gumshield should be removed, an adequate airway established and the boxer put on his left side so that should he fit or vomit he will not obstruct his airway. 55. 29. 5. Contains public sector information licensed under the Open Government Licence v3.0. Stabilise the patient's condition by maintaining an air way and maintaining ventilation. The doctors should decide between them who will remain ringside and who will undertake the emergency treatment should the need arise. This reasoning was followed by the House of Lords in Phelps v Hillingdon Borough Council [2000] 3 WLR 776. Watson v British Boxing Board of Control 2001 QB 1134 was a case of the Court of Appeal of England and Wales that established an exception to the defence of consent to trespass to the person and an extension of the duty of care expected in cases of negligence. These cases establish that where A advises B as to action to be taken which will directly and foreseeably affect the safety or well-being of C, a situation of sufficient proximity exists to found a duty of care on the part of A towards C. Whether in fact such a duty arises will depend upon the facts of the individual case and, in particular, upon whether such a duty of care would cut across any statutory scheme pursuant to which the advice was given. In this way the Board reduces this aspect of the promoter's responsibility to the boxer to the contractual obligation to comply with the requirements of the Board's Rules in relation to the provision of medical facilities and assistance. He received only occasional visits of inspection by the duty ratings. Mr Watson should have been resuscitated on losing consciousness and then taken directly to the nearest hospital with a neurosurgical capability, which should have been standing by to operate without delay. Michael Watson suffered a near-fatal brain injury and spent 40 days in a coma after boxing against Chris Eubank, who still struggles to comprehend what happened on that fateful night "In Barnett v Chelsea & Kensington Management Committee [1969] 1 Q.B. 2. 2. * The Board failed to require a medical examination of Mr Watson immediately following the conclusion of the contest. However, despite an English doctor's professional duty to offer their assistance, thi. Instead he argued that even if resuscitation had been used, it would have been used too late to affect the outcome. In Clay v. Crump & Sons Ltd [1964] 1 QB 133 a building worker was injured when a wall collapsed on him. The issue in this action is not whether the right policy was adopted but simply whether proper care was used in making provision for medical treatment of Mr Watson. The patient is then artificially ventilated through this tube with oxygen. 1. Held: A certifying . 54. The phrase means simply that the law recognises that there is a duty of care. Herbert Smith, London. The next ground advanced by the Board in support of the contention that the Judge applied too high a standard, was that there was no evidence that any other boxing authority in the World imposed more rigorous requirements than those of the Board's rules. Search for more papers by this author. I consider that these were proper findings on the evidence and that Mr Watson's case on breach of duty was made out. It was the evidence of Mr Watson's experts that, while brain damage of the type I have described is cumulative, what happens in the first ten minutes is particularly critical. At the third stage, questions of `proximity' and of what is `fair, just and reasonable' have to be considered. Because the facts of this case are so unusual, there is no category in which a duty of care has been established from which one can advance to this case by a small incremental step. But at the same time it countenances and gives its blessing to contests where the safety arrangements are those of its making. A boxer who suffered brain damage following a title fight in London alleged that the Board which regulates boxing had been negligent in not providing a better level of ringside medical care. Cargo owners sued the classification society N.K.K. There is no doubt that once the relationship of doctor and patient or hospital authority and admitted patient exists, the doctor or the hospital owe a duty to take reasonable care to effect a cure, not merely to prevent further harm. ", The Regime Applying to the Contest Between Watson and Eubank. The Board, however, arrogates to itself the task of determining what medical facilities will be provided at a contest by (i) requiring the boxer and the promoter to contract on terms under which the Board's Rules will apply and (ii) making provision in those Rules for the medical facilities and assistance to be provided to care for the boxer in the event of injury. When carrying out the assessment and advising the education authority, did the psychologist owe a duty of care to the child? At p.1172 he summarised his conclusion as follows:-. While it is difficult, or perhaps impossible, to avoid a degree of subjectivity when considering what is fair, just and reasonable, the approach must be to apply established principles and standards. In practice the Area Secretary would select the medical officers for a particular contest, albeit that the promoter would pay them. expressed a similar view in Marc Rich & Co. v Bishop Rock Ltd [1994] 1 WLR 1071 at 1077: "Whatever the nature of the harm sustained by the plaintiff, it is necessary to consider the matter not only by inquiring about foreseeability but also by considering the nature of the relationship between the parties; and to be satisfied that in all the circumstances it is fair, just and reasonable to impose a duty of care. 3.5.2 For British and Commonwealth Championship contests only, or Even absent such an express requirement, it seems to me that if the protocol had been in place, the doctors present should have been aware of the desirability of examining Mr Watson's condition in the circumstances that had occurred, whether or not the rules expressly required this. An ambulance should be on site from the start of the tournament, possibly with a crew of trained para-medics. A number of authorities show that an acceptance of the role (usually under statutory powers or duties) of protecting the community in general from foreseeable dangers does not carry with it a legal duty of care to safeguard individual members of the community from those dangers. Resuscitation equipment should be at ringside along with person(s) capable of using it". 27. The cases linked on your profile facilitate Casemine's artificial intelligence engine in recommending you to potential clients who might be interested in availing your services for similar matters. (Rule 5.9(c)). Thus in Capital and Counties v. Hampshire this Court held that a fire brigade was under no common law duty to answer a call for help or, having done so, to exercise reasonable skill and care to extinguish the fire. 89. . This was drawn to the attention of the duty Petty Officer, who organised a stretcher, had the rating carried to his cabin and placed on his bunk in the recovery position, in a coma. There are also reasons of public policy for not imposing a duty of care to individuals in relation to the performance of their functions. (Compare also Clay v AJ Crump & Sons Ltd [1964] 1 QB 533 in which an architect had complete control over whether a dangerous wall was left standing and Watson v British Boxing Board of Control Ltd [2001] QB 1134 in which the Board had control over the medical services provided at boxing matches.) . 503 at p.517, per Lord Justice Cotton). In Smoldon v Whitworth [1997] PIQR P133 the duty of care had been conceded in the context of a school colts game and similarly, boxing came under scrutiny in Watson v British Boxing. Get 1 point on adding a valid citation to this judgment. Saville L.J. Once you create your profile, you will be able to: Claim the judgments where you have appeared by linking them directly to your profile and maintain a record of your body of work. For example, the relationship between the parties may be such that it is obvious that a lack of care will create a risk of harm and that as a matter of common sense and justice a duty should be imposed.. Again in most cases of the direct infliction of physical loss or injury through carelessness, it is self-evident that a civilised system of law should hold that a duty of care has been broken, whereas the infliction of financial harm may well pose a more difficult problem. QUIZ. A doctor, an accountant and an engineer are plainly such a person. considered the question of whether it was fair and reasonable to impose a duty of care. The referee stopped the fight in the final round when Watson appeared to be unable to defend himself. He sued the owner, Mr Usherwood and the Popular Flying Association ("the PFA"). No medical assistance was provided. 7. In my judgment there is a clear distinction between the role of the Board and the role of a fire service or the police service. This did not, however, affect the position so far as responsibility for the safety of the boxers was concerned. In particular they are boxers. The first of these to enter the ring, Dr Shapiro, reached Mr Watson seven minutes after the fight had been stopped, i.e. 115. at p.258 as follows: "The third defendants are a trading company incorporated under the companies Acts. Search for more papers by this author. In an open letter to BMA delegates, written some time in the 1980's, Dr Whiteson, the Chief Medical Officer to the Board, wrote "The British Boxing Board of Control is justifiably proud of its reputation of being in the vanguard of the protection of professional boxers." ", 38. If so, it is misguided. 66. He had particular experience of brain injuries caused by sporting activities. The rise in pressure inside the skull caused by the haematoma results in distortion of the brain. 74. His conclusions as to duty are to be found in the following passages from his judgment. 24. the Hillsborough cases: e.g. By this time, however, he had sustained serious brain damage. James George, James George. The Board did not insure against liability in negligence. The agreed time of reception at the hospital was 23.22. A little later he said "As Chief Medical Officer, my approach has always been that preventative controls are the key to making a physically hazardous sport as safe as possibleour interest in preventative controls covers the whole gamut of professional boxing.". Next Mr. Walker argued that if the Board had made its Rules pursuant to a statutory power it would be tolerably clear that it could not be held liable in negligence in relation to the manner in which it chose to exercise its discretion. Michael Watson stands to receive no more than 400,000 compensation The settlement of Watson's case against the British Boxing Board of Control, approved by the High Court in London. As Mr Morris accepted, by reason of its control over boxing the Board was in a position to determine, and did in fact determine, the measures that were taken in boxing to protect and promote the health and safety of boxers. These can be divided into three categories: i) rules designed to ensure that a boxer is not permitted to fight unless he is fit. In its statutory context the ambulance service is more properly described as part of the National Health Service than as a rescue service. Secondly, to identify any categories of cases in which these principles More significantly, he would not be in a position to know whether the provisions that the Board required to be put in place represented all that it was reasonable to provide for his safety. Boxing is the only sport where this is the object of the exercise. [6] This was an extension to the previous duty of care under negligence, and also serves as an exception to the rule under trespass to the person that a defendant will not be liable for personal harm caused in sporting matches which the claimant consents to. The settlement of Watson's case against the. Flashcards. Lord Bridge went on to state that these ingredients were insufficiently precise to be used as practical tests and to commend the desirability of proceeding by analogy with established categories of negligence. Mr Morris told the court that he would expect the Medical Committee, and its Chief Medical Officer, to keep abreast of developments in sports medicine that impacted on the safety of boxers in the ring. Held: A body which had responsibility for licensing and setting conditions for the boxing matches was liable in negligence when, having assumed responsibility for the boxers medical care, the standards it set were inadequate. Mr Walker urged that a duty of care should not be imposed upon the Board because it was a non profit-making organisation and did not carry insurance. I conclude that the Judge correctly found that the Board owed Mr Watson a duty of care. In Cassidy v Ministry of Health [1951] 2 K.B. The Board's Medical Committee met to consider these on the 22nd October 1991 and made recommendations which included the following: "1 The nearest hospital with a neurological unit should be notified of the date of each tournament held under the Board's jurisdiction and must be on alert in case of serious head injury. In Caparo v Dickman at p.617 Lord Bridge considered a series of decisions of the Privy Council and the House of Lords in relation to the duty of care in negligence and summarised their effect as follows:-. Thus the Board was a body with special knowledge giving advice to a defined class of persons in the knowledge that it would rely upon that advice in the defined situation of boxing contests. There was no contract between the parties, but boxers had to fight under the Boards rules. If it was held liable it might withdraw from its work, or have to pass on the cost of increased insurance to the detriment of small aircraft operators. In fact the Board had required a third doctor to be present and that an ambulance should be in attendance. Watson v British Boxing Board of Control Ltd [2001] QB 1134 (CA) - BB was not insured but Court said it is irrelevant because a duty of care is decided regardless . The Judge held that it was the duty of the Board, and of those advising it on medical matters, to be prospective in their thinking and to seek competent advice as to how a recognised danger could best be combated. It is not sufficient for the doctor to be in the vicinity of the ring as in the case of an emergency the speed of the doctor's reactions in treating this are all important. Administrative, Personal Injury, Negligence, Updated: 02 November 2021; Ref: scu.135634. 79. Therefore, it is likely that injuries arising from such play occur frequently but when do they occur as an act of negligence? It shall be adequately lit, have an examination couch and possess hot and cold running water. The Board had, or had access to, specialist expertise in relation to appropriate standards of medical care. A Collection of Interesting, Important, and Controversial Perspectives Largely Excluded from the American Mainstream Media If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. Mr Walker accepted that if Mr Watson had specifically asked the Board for advice as to the precautions that he ought to have in place for his fight, and the Board had given advice, the Board would have been under a duty to exercise care in giving that advice. The final question is, to what extent? Lord Browne-Wilkinson answered this question in the affirmative. Thus, it has members who pay membership fees or subscriptions in return for which it provides them with facilities. They have not succeeded. They alleged that the local authorities had provided services under which, in one case, educational psychologists and, in the other, advisory teachers provided advice to teaching staff and parents as to whether children had special educational needs. At this stage it is enough to note that the advice set out the professional expertise expected of the medical officers and details of equipment needed to perform their duties. 60. It is worth setting out the passage of the report of the Board's expert, Dr Cartlidge, which dealt with this aspect of the case. This argument was allied to Mr Walker's submission that the Judge should not have found that the rules should have required immediate medical attention to be given to a boxer where his physical condition led to the contest being stopped. The Board is non-profit making. The article examines this regulatory framework; where traditional attitudes about the social desirability of sport and acceptance of harm support an autonomous self-regulatory approach, often insulated from the full application of the criminal law. Mr Morris, commenting in his Witness Statement on the Statement of Claim, stated: "We do collaborate with the medical profession, indeed we believe that our Rules are as good as currently can be devised, taking into account the medical interests of the boxers, and the requirements of the sport itself.
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