Misfeasance in Public Office: An Emerging Medical Law Tort?

Abstract

The authors draw on two notable cases, Akenzua v. Secretary of State for the Home Department, and Palmer v Tees Health Authority, to which the outcome has prompted the article discussing misfeasance as an emerging medical law tort. Although similarities exists in both cases, they are quite different, with the former argued on the basis of misfeasance in public office, and the latter on negligence. These are examined in detail, together with their possible impact for an NHS Trust.