26. Duty to mentally disordered patients.

26.     Duty to mentally disordered patients.

A medical practitioner who makes a recommendation for admission into a hospital under the Mental Health Act 19831 must exercise due care and skill in so acting; he owes a duty of care to the patient2. However, no civil or criminal liability will arise concerning acts done in pursuance of the Act unless done in bad faith or without reasonable care3. Before any civil proceedings are taken against any person so acting, the leave of the High Court must be obtained4. An action may lie under