Breach of duty

Question 1

What does breach of duty mean

Answer 1

That the defendants standard of care falls below the standard expected of the reasonable man doing the same activity as in Vaughan v menlove and defined by baron Anderson in Blyth v Birmingham waterworks

Question 2

The breach of duty test is an

Answer 2

Objective test test and the defendants characteristics are only considered in 3 situations

Question 3

What is the Bolam test

Answer 3

If D is a professional they are compared to Reasonably competent professional and there must be a responsible body to support their actions Bolam v Friern

Question 4

What case was the Bolam test amended in

Answer 4

Bolitho v Hackney so that the supporting professional must show a logical basis for their view

Question 5

What did Montgomery v Lanarkshire establish

Answer 5

That a healthcare professional must make patients aware of all materials risk so that patients can be give informed consent to treatment

Question 6

If D is a learner/trainee

Answer 6

They are compared to a qualified person Nettleship v Weston

Question 7

If D is a child

Answer 7

They are compared to a child of the same age Mullin v Richards