Description
Where a hospital was asked to provide a DNA analysis of foetus tissue it did not owe a non-delegable duty of care to the parents in respect of the testing. The non-delegable duty arguably owed to patients was of a different ilk. Where the independent testing laboratory had an admitted duty of care to report any doubts about the testing there was no positive duty on the hospital to make enquiry as to the satisfactory nature of the samples provided for testing. The hospital was entitled in the absence of communication of doubts from the laboratory to assume that all was well.
