Unit 4b Prt 1: Medical Negligence

Question 1

Breach of Duty

Answer 1

Several factors to establish breach;

1. Standard isnt reduced if lack of experience (wilshire v essex)
2. Doctors have duty to inform any risks (Chester v Afshar)
3. a doctor is not liable if they act in accordance with a respectable body of medical men (Bolam v Frien Hospital)
4. Courts should enquire if the medical practice had a logical basis and weighed up risks and benefits (Bolitho)
5. Courts should consider medical knowledge at time of case not time of trial (Roe v ministry of health)

Question 2

Causation

Answer 2

But for test (Barnett v Chelsea)
Reasonably forseeable (wagon mound)
Thin skull rule (Smith v leech brain)

Question 3

Duty of care

Answer 3

Doctors have an automatic duty of care to their patients (Barnett v Chelsea)