Q&As

Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard of healthcare provided to prisoners?

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Published on LexisPSL on 12/10/2018

The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:

  • Can you direct me to any guidance or case law on whether the Ministry of Justice (MoJ) and individual prisons are likely to be liable for the standard of healthcare provided to prisoners?

In the case of Razumas v Ministry of Justice the claimant brought a clinical negligence claim against the Ministry of Justice (MoJ) because while he was in prison he received medical care that was deficient resulting in the amputation of his leg. One of the questions considered in this case was whether the negligence was the responsibility of the MoJ which had overall responsibility for the prisons in which he was incarcerated.

It was held that the MoJ owed only a limited direct duty to the claimant in relation to healthcare, which include

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