Breach Of Duty neg Flashcards
1
Q
Questions to ask for breach of duty?
A
What is the standard of care and did care fall below that
Likelihood of harm
Forseeability
Seriousness of harm
2
Q
What did Bolam establish?
A
Dont apply R person for pro standard
Apply standard of ordinary man exercising and professing to have that special skill
3
Q
What did Wilsher establish?
A
Inexperienced pros: held to standard of task they’re doing, to protect patient expectation
4
Q
What is said about amateurs carrying out pro activity?
A
Wells v Cooper, dont hold to standard of pro hold to standard of enthusiast
5
Q
What is the Bolam testv
A
Doc not neg if he has support if a body of medical pros
6
Q
How does Bolitho place limits on Bolam?
A
Body has to be respectable, reasonable and respectable
Has to have logical basis (opinion)
