Lady Clark ruled yesterday that the Control of Substances Hazardous to Health 1999 regulations not only apply to employees in the Health Service but also to patients. This means that the Health Service will have to show that they took all the steps in terms of the regulations to protect patients in so far as reasonably practicable to prevent and control the biological agent in question. The regulations go far beyond the duty of reasonable care and common law of the NHS.
Lady Clark's Opinion : Elizabeth Miller V Greater Glasgow NHS Board