Dealing with the arguments of policy advanced on behalf of PFA, Buxton L.J. 50. I think that the Judge was right. So far I have not dealt with the question of reliance by Mr Watson on the exercise of care by the Board. These rules included provisions for medical inspection of boxers and for the attendance of two doctors at a fight. 132. Michael Watson was a boxer who, on 21 September 1991, fought Chris Eubank under the supervision of the British Boxing Board of Control (BBBC), the British professional boxing governing body. The Board contends:-. [2001] QB 1134 was a case of the Court of Appeal of England The plaintiffs submitted that that which is most closely analogous is that of doctor and patient or health authority and patient. Instead he argued that even if resuscitation had been used, it would have been used too late to affect the outcome. The phrase means simply that the law recognises that there is a duty of care. 122. 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. b) A limit on the number of rounds to twelve (Rule 3.7). In 1989 it was incorporated as a company limited by guarantee. Many of the matters considered under the heading of proximity are also relevant to the question of whether it is fair, just and reasonable to impose a duty of care in this case. If it had in place the appropriate protocols for provision of medical care, the claimants injuries would not have been so severe. That phrase can be misleading in that it can suggest that the professional person must knowingly and deliberately accept responsibility. at p.262 which I have set out above. Similarly, in the case of the advisory teacher brought in to advise on the educational needs of a specific pupil, if he knows that his advice will be communicated to the pupil's parents he must foresee that they will rely on such advice. Creating your profile on CaseMine allows you to build your network with fellow lawyers and prospective clients. He should certainly carry an aphygomamometer and stethoscope, an ophthalmoscope, an auroscope, a patella hammer, a Brooks airway and a padded spatula in case of a rate occurrence of fitting and the need to establish an airway. This involves intubation, or the insertion of an endotracheal tube. 94. Such treatment had been standard form in hospitals for many years prior to 1991. Before making any decision, you must read the full case report and take professional advice as appropriate. Lord Steyn, however, gave short shrift to an argument based on assumption of responsibility: "Given that the cargo owners were not even aware of N.K.K. The child has a learning difficulty. Michael Watson was injured in a boxin At p.1172 he summarised his conclusion as follows:-. 41. The request for an ambulance was accepted. The Judge accepted that this was the case but ruled that in the final analysis that it was for the Court to determine whether even the most widely followed practice was acceptable. 91. It is on this basis that it is possible to draw a distinction between the doctor who goes to the assistance of the victim of a road accident and the hospital that receives that victim into its casualty department. He won a historic High Court case in Sept 1999, raising questions about the future of the professional sport in the UK. In these circumstances the Board should owe no greater duty of care than that imposed on a rescuer, that is a duty to exercise reasonable care not to make the situation worse, but no duty to reduce the damage that would have occurred in any event had the rescuer not intervened - see Capital and Counties plc v. Hampshire County Council. * The Board failed to require a medical examination of Mr Watson immediately following the conclusion of the contest. The diagnosis is hopelessly wrong. The duty of the Board and of those advising it on medical matters, was to be prospective in their thinking and seek competent advice as to how a recognised danger could be combated. .Cited Sutradhar v Natural Environment Research Council HL 5-Jul-2006 Preliminary Report of Risk No Duty of Care The claimant sought damages after suffering injury after the creation of water supplies which were polluted with arsenic. 129. (Vowles v Evans and the Welsh Rugby Union Ltd [2003] EWCA Civ 318), governing bodies for failing to provide in their rules for appropriate medical provision at ringside in a boxing match (Watson v British Boxing Board of Control [2001] QB 1134), . Saville L.J. contains alphabet). His comment that "it would only have added three minutes or so if he had waited until he was summoned" suggests to the contrary. In consequence this special need was not addressed, to the detriment of the child. He would thus have developed the subdural haemorrhage in the most favourable circumstances possible, short of doing so in hospital with staff around him. Watson v British Boxing Board of Control explained The evidence of the expert witnesses called on behalf of Mr Watson was that the first ten minutes after loss of consciousness were critical. 33. Once proximity is established by reference to the test which I have identified, none of the more sophisticated criteria which have to be used in relation to allegations of liability for mere economic loss need to be applied in relation to personal injury, nor have they been in the decided cases.". 79. "Proximity" is, no doubt, a convenient expression as long as it is realised that it is no more than a label which embraces not a definable concept but merely a description of circumstances from which pragmatically, the courts conclude that a duty of care exists.". I consider that the Judge could properly have done so. The association exists to facilitate amateurs to enjoy facilities for flying light aircraft. In case of any confusion, feel free to reach out to us.Leave your message here. Throughout, the child was very dependent upon the expert's assessment. In the event, without explanation, he was not tendered as a witness and objection was taken to the use of his witness statement. James George, James George. The boxers display skill, strength and courage, but nobody pretends that they do good to themselves or others. On the findings of the judge it was delay which caused the further injuries. 104. The Board did not insure against liability in negligence. The Judge did not rely upon the specific evidence given by Mr Watson about reliance. Watson v British Boxing Board of Control[2001] QB 1134was a case of the Court of Appeal of England and Walesthat established an exception to the defence of consent to trespass to the personand an extension of the duty of care expected in cases of negligence. But once the decision is taken to offer such a service, a statutory body is in general in the same position as any private individual or organisation holding itself out as offering such a service. (pp.27-8). 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. The L.A.S. The duty will be owed to the victim of a road accident who is received by the hospital unconscious. This ground of appeal would have been unsustainable. In the chaos that then ensued, Mr Watson was surrounded by his team, which included a number of bodyguards. In 1990 Mr Watson had been involved in litigation with his manager, in which the Board had filed an Affidavit. There an operation was carried out to evacuate a sub-dural haematoma. The Board exercises its control of professional boxing through a system of eight Area Councils, subject to overall control by Stewards and Committees. 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. The normal duty of a doctor to exercise reasonable skill and care is well established as a common law duty of care. Any loss of consciousness was short lived - he regained his feet and walked to his corner. The Science Delusion [PDF] [2imqhnnr9jk0] - vdoc.pub The Board called to give evidence Mr Peter Richards, a Consultant Neuro-Surgeon with Charing Cross Hospital between 1987 and 1995. 2. In my judgment there is a difference in principle between making Rules and giving advice, but it is not one which assists the Board. This stated that the Board was accepted as being the sole controlling body regulating professional boxing in the United Kingdom and stressed the importance that the Board place on ensuring the safety of boxers. Clearly, they look to the Board's stipulations as providing the appropriate standard. 9. 86. Had he been asked in the period before the Eubank/Watson fight to advise on precautions in relation to the risk of serious head injury, he said that he would have given the same advice as Mr Hamlyn. a) A requirement that a boxer must be medically examined before being granted a licence, together with a list of medical conditions that preclude the grant of a licence. At the hospital Mr Watson was given the conventional resuscitation procedure - that is intubation, ventilation, oxygen and an infusion of Manitol. It would seem impossible to contend that the plaintiff would not be affected by the decisions and plans drawn up by the architect.". The Board contended that this was unjustifiable, since it would require Rules which in effect instructed doctors as to how to perform their duties. 123. The Board had given notice that he would be called as a witness and submitted the witness statement from him. Ringside medical facilities were available, but did not provide immediate resuscitation. He was held at North Middlesex Hospital until 23.55 to ensure that he was stabilised for the onward journey, and then taken to St. Bartholomew's Hospital. 110. It was open to Mr Watson to provide, or to stipulate for the promoter to provide, additional medical precautions. Questioned further by the Judge, he agreed that to the best of his recollection, there was no discussion during the 1980's about whether the practice of stabilising victims of head injuries at the scene of the event, should be applied to the sport of Boxing.
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