Professional / Clinical Negligence Cases Flashcards Preview

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Flashcards in Professional / Clinical Negligence Cases Deck (17)
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Ross v Caunters

General Professional s owe their clients a duty of care


Cassidy v Ministry of Health

Medical professionals owe their patients a duty of care, whether they are paid or not.


Barnett v Chelsea and Kensington HMC

Duty of care arises when doctors accept responsibility. Also applies to emergency cases.

Also - Factual Causation - but for test.


Wilsher v Essex

SoC - Reasonable doctor - trainees expected to reach same standard. However if trainee asks for supervisor and isn't given one, supervisor takes over responsibility.

Duty of care applies to hospitals/health authority as they have a duty to manage staff and provide professionals with sufficient skills.


R v Cambridge AHA

Hospitals / health authority duty isn't absolute and policy and costs can be taken into account.


Prendergast v Sam and Dee

DoC extends to writing prescriptions properly


Bolam v Friern HMC

Standard test:

That of a reasonable doctor - supported by a body of medical opinion.


Sidaway v Governors of the Royal Bethlem Hospital

There is an obligation to warn the patient of risks, if there is a significant risk (>10%)


Chester v Afshar

If patient asks for risks, doctor must tell them.

Apply to defence of consent.


Pearce v United Bristol Health Care

Exception to Chester v Afshar - if patient is too emotional.


Froom v Butcher

Defence - contributory negligence

Unreasonable acts of C can negate claim


Brannon v Airtours

Defence - contributory negligence

example - acting against professional advice


Roe v Minister of Health

Judge according to knowledge at the time


Crawford v Charing Cross Hospital

A professional is not expected to know every new development in the field.


Creutzfeld Jakob Disease Litigation

A professional is not expected to know every new development in the field however they should not be disregarding known risks.


Bull v Devon

Hospitals owe a duty of care to provide competent staff and training.


Montgomery v Lanarkshire

Duty to inform patient of all material risks

Replaces Afshar and Pearce