Examples of Medical Negligence: injurying patient while's patient is undergoing surgery Flashcards Preview

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Flashcards in Examples of Medical Negligence: injurying patient while's patient is undergoing surgery Deck (4):
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What are the main cases?

1. Paton v Parker
2. Mahon v Osbourne
3. Chasney v Anderson

1

What are the facts of Paton v Parker

P admitted to hospital for operation.
The operating room was thin and long. On the wall there were a series of radiators, doctor asked assistant to switch them on. She did. Somebody knocked over the bottle of ether (to be used as anaesthesia) and sparked a fire.
Patient was burnt

Held: Obvious DOC, doctor held negligent.

2

What are the facts of Mahon v Osbourne?

Patient undergoing procedure to cure perforated duodenal ulcer.
They had a swab system where the nurse counted the number that went in and the number that came out. Patient had ate and they were afraid he would die because of complications to do with the anaesthetic.
Emergency close up, took out swabs. They checked etc but left one in. Subsequently developed an infection.

Held: COA found medical team not liable, it was nurses duty to count the swabs, not surgeon's. Surgeon needs full attention on the surgery.

3

What are the facts of Chasney v Anderson?

Surgeon left sponge in during a tonsillectomy. Child choked to death on that sponge.
Surgeon didn't use sponges with tapes on it nor had he employed a nurse to count the sponges.

Held: Negligent. In Mahon v Osbourne, it was an emergency operation and all emergency safety precautions were put into place, but in this case it was routine operation, but with lack of reasonable safety precautions.