Medical Negligence Flashcards
Between who does a duty of care exist in terms of medical negligence?
The pursuer and doctor / healthcare worker
What is the standard of care?
That of a ‘reasonable ordinary skilled man of that particular skill’.
Therefore, other doctors.
What is the standard of care of a doctor in training?
Same standard as a reasonable competent doctor.
As per learner drivers - Nettleship v Watson (same standard as a reasonable competent driver)
Lord Clyde’s test for establishing negligence:
Hunter v Hanley
“The true test for establishing negligence in diagnosis or treatment on the part of a doctor is whether he has been proved to be guilty of such failure as no doctor of ordinary skill would be guilty of if actions with ordinary care.”
Is a doctor automatically negligent if there is a difference of opinion between other doctors as to whether they breached the standard of care?
“A doctor is not negligent of he is acting in accordance with such a practice, merely because there is a body of opinion that takes a contrary view.” - per McNair J
What is the necessary component that amounts to medical negligence?
The negligence must actually cause injury.
Negligence by itself is not enough to incur liability.
What are the damages that can be sought for by the pursuer in terms of medical negligence/
- damages for pain and suffering
- loss of amenity (e.g. can no longer do usual activities)
- expenses incurred because of the injury
- loss of earnings and future losses
Can damages be reduced if there is found to be contributory negligence by the pursuer? If so, gives examples.
Yes.
E.g:
- patient did not co-operate and / or provide accurate history
