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Hunter v Hanley [1955]

Hanley was being given an injection but suffered an injury when the hypodermic needle broke.


Judgment by Lord President Clyde: Deviation from ordinary professional practice is not necessarily evidence of negligence and it would hinder progress in medical treatment if the laws were to hold otherwise. Even a substantial deviation from normal practice may be warranted by the particular circumstances of a case.


# This case happens before the Bolam case in 1957. Other details on the tort law of medical liability please refer to my article on 'No Fault System' published on this website.

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