SU 5- PART 2 & 3

Question 1

WHAT IS CULPABLE HOMICIDE?

Answer 1

Culpable homicide is the unlawful, negligent causing of the death of another human being.

Question 2

MAedical negligence:

Answer 2

medical negligence does not need to be “gross” in order for liability for culpable homicide to result.

Question 3

GENERAL PRINCIPLE:

Answer 3

one person cannot be held liable for another’s wrongdoings in circumstances where there is no relationship of control or accountability between them.

Question 4

They cannot be:

Answer 4

they cannot be held jointly and severally liable for each other’s mistakes.

Question 5

The Maxim of RES IPSA LOQUITUR:

Answer 5

the maxim can only be invoked where the medical negligence alleged depends on absolutes and the evidence shows that a particular result would have not followed but for the alleged negligence.

Question 6

Compensation claims are generally made for negligence in the following:

Answer 6

1. Contraception
2. Surgery
3. Failure of sterilization

Question 7

According to Friedman v Glicksman: WRONGFUL PREGNACY;

Answer 7

WRONGFUL PREGNANCY refers to those cases where the parents of a healthy child bring a claim on their own behalf for damages, they themselves suffered as a result of giving birth to an unwanted child.

Question 8

WRONGFUL BIRTH:

Answer 8

WRONGFUL BIRTH are those claims brought by parents who claim that the would have avoided conception or terminated the pregnancy had they been properly advised of the risk of birth defects to the potential child.

Question 9

WRONGFUL LIFE:

Answer 9

WRONGFUL LIFE actions are brought by the child on the basis that the doctor’s negligence, has caused the birth of the disabled child.