3. Special Scenarios

Question 1

Has defendant in accordance with common/accepted practice
in that field/act?

Answer 1

Sufficient care: Morris v West Hartlepool Steam Navigaion

Negligent: Re Herald of Free Enterprise

Question 2

State of Art Defence: in 1947, the knowledge required to avoid breach was not common knowledge = no breach

Answer 2

Roe v Ministry of Health

Question 3

Warning of the Risk: Dr must warn of all risks of a procedure

Answer 3

Chester v Afshar

Question 4

Warning of the Risk: the court held that Drs are required to inform patients of all material risks of a procedure and this is qualified

Answer 4

Montgomery v Lanarkshire

Question 5

Warning of the Risk: if no clear risk of a particular side effect of treatment then no need to warn. If the claimant cannot show they would have not had the treatment or rearranged had they received notice of all risks then the claim will fail

Answer 5

Duce v Worcestershire Acute Hospitals, Correia v University Hospital of North Staffs

Question 6

Keeping up to date: consultant has a general responsibility to keep up to date with mainstream news but not obscure journals.

Answer 6

Gascoigne v Ian Sheridan

Question 7

Risk to Life: defendant drove into the claimant when threatened, Turner J stated ‘these were not circumstances where the reasonable man could be expected nicely to weigh up the risks involved.

Answer 7

Mohmed v Barnes