Tort - Clinical Negligence Flashcards Preview

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Flashcards in Tort - Clinical Negligence Deck (27):
1

Duty of care between doctor and patient

Cassidy v MOH; Rv Bateman

2

Once emergency treatment has been undertaken a DOC is owed

Barnett v Chelsea and Kensington HMC

3

No general duty to assist

Re F

4

Duty includes preventing patients from harming themselves and others

Osman

5

Mental hospital did not owe DOC to non-sectioned patient as else they would effectively have to imprison him

Clunis v Camden and Islington

6

Doctor and pharmacist jointly liable for incorrect dispensing of a drug due to indecipherable handwriting

Prendergast v Sam & Dee

7

Duty of care owed by solicitor

White v Jones

8

Health Authorities have duty to provide services of medical professionals with sufficient skill and experience.

Wilsher; Griffiths v Kent Ambulance

9

Hospital has DOC - must be reasonable organised and competent

Bull v Devon

10

No absolute duty on a HA to provide every treatment available

R v Cambridgeshire HA ex p Child B

11

No DOC to patient's wife who became pregnant years after husband's vasectomy - too remote

Goodwill v British Pregnancy

12

Claimant must show that doctor has taken course of action which would not be acceptable to any reasonable body of medical opinion

Bolam (limb 2)

13

HL refused to choose one professional opinion over the other; possible to have conflicting professional opinions

Maynard v West Midlands HA

14

Doctor failed to warn claimant of small risk of damage to spine. Not liable as a reasonable body would not have warned of the risk

Sidaway v Board of Governors

15

Claimant specifically asked about risks and surgeon failed to disclose small risk of paralysis - breach of duty

Chester v Afshar

16

Body of 11 consultants out of 1000

De Freitas

17

Judge can decide whether specific body of opinion is reasonable

Lybert v Warrington - warning that sterilisation may fail was inadequate, despite being a standard practice

18

Bolam is not conclusive, court can hold that a body is neither responsible nor reasonable

Bolitho v City

19

Junior doctor must meet standard of reasonably competent doctor, but may discharge this duty by asking advice from a more experience colleague

Wilsher

20

HA may be liable for putting junior doctor in situation with little supervision

Bull v Devon

21

Unforeseeable risks cannot be anticipated and failure to guard against them will not be negligence (state of the art defence)

Roe v MOH

22

No liability as unrealistic to expect professional to know every new development in his field at any given time

Crawford v Charing Cross Hospital

23

Factual Causation

Barnett v Chelsea and Kensington

24

Courts will move away from but for test if necessary

Bailey v MOD

25

Courts will consider a patient's mental state when deciding the level of risks to be disclosed

Pearce v United Bristol Healthcare

26

Difference between clinical negligence and error of judgement

Whitehouse v Jordan

27

Where there has been a failure to inform of risks, causation will not fail simply because it is impossible to say that the patient would not have gone through with the operation had they been warned - this would render duty meaningless

Chester v Afshar