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Doctor owed no duty of care to job applicant

BMJ 1998; 316 doi: https://doi.org/10.1136/bmj.316.7137.1037j (Published 04 April 1998) Cite this as: BMJ 1998;316:1037

This article has a correction. Please see:

  1. Clare Dyer, legal correspondent
  1. BMJ

    Occupational health physicians who advise employers not to hire a job applicant on medical grounds cannot be sued for negligence by the job seeker, the Court of Appeal ruled last week.

    Three senior judges rejected an appeal by Carmelita Kapfunde from a county court ruling that Dr Diana Daniel owed no duty to Ms Kapfunde to give careful advice when she advised Abbey National not to take her on its permanent staff.

    Ms Kapfunde, aged 42, who was born in the West Indies, has sickle cell anaemia, which is most common in people of West Indian or African descent. …

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