Scope of a doctor’s duty to advise

Abstract

ABSTRACT In Khan v Meadows [2021] UKSC 21, the United Kingdom Supreme Court had the opportunity to consider whether the principle laid down in South Australia Asset Management Corp v York Montague Ltd [1997] AC 191 applied in the context of medical negligence. While the Court unanimously agreed that the SAAMCO principle applied in the context of medical negligence, they parted ways as to how the SAAMCO principle, or ‘scope of duty’ principle, fitted into the analytical structure of the tort of negligence. This note argues that the approach taken by Lord Hodge and Lord Sales conflates the scope of duty analysis with that for ascertaining the existence of a duty of care.