Separating medical practice and religion: Brayshaw

To what extent should a medical practitioner allow his or her religious views to intrude into interactions with patients? And to what extent is a medical practice vicariously liable for tortious conduct by a locum practitioner? Those were the questions before the Court in Brayshaw v The Partners of Apsley Surgery & Anor [2018] EWHC 3286 (QB).

The background

It was an undisputed fact that Mrs Brayshaw had suffered psychiatric harm as a result of religious practices and religious doctrines imposed on her “through and at the behest of” the second defendant, Dr O’Brien, who had been engaged as a locum by Apsley Surgery – and Dr O’Brien had subsequently been struck been off by a GMC Fitness to Practise panel. The issue before the Court, however, was whether or not Dr O’Brien and Apsley Surgery were liable in tort for the harm done to Mrs Brayshaw. Continue reading