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Medical Law > Cases I Need To Know > Flashcards

Cases I Need To Know Flashcards

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1
Q

Case to show standard of care?

A

Bolam v friern HCC 1957

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2
Q

What does bolam say about standard of care?

A

Is the standard of the ordinary skilled man professing to have that special skill

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3
Q

Is inexperience a defence? Case?

A

NO - FB v Princess Alexandra Hospital NHST 2017

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4
Q

Can the court chose one piece of medical evidence over another? Case?

A

NO - Maynard v West Midlands RHA 1984

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5
Q

The accepted medical practice must be current and up to date.

A

Roe v minister of health 1954

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6
Q

Where there is an easy precaution, it should be taken.

A

Hucks v cole 1993

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7
Q

Which case is linked to bolam standard of care?

A

Bolitho v city and Hackney HA 1997

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8
Q

What does the bolitho standard of care say?

A

Has to be a logical process/treatment followed. Doesn’t mean it has to be reasonable.

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9
Q

Case to show When does the doctor-patient relationship and duty of care begin? Case?

A

Barnett v chelsea and Kensington hospital management committee 1969

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10
Q

Can NHS body be vicariously liable? Case?

A

YES - wilsher v Essex AHA 1987

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11
Q

Case example of bolitho in action?

A

Marriott v midlands HA 1999 - only logical thing to do was refer the man to hospital after hitting his head.

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12
Q

Does a doctor owe a duty of care to future sexual partners? Case?

A

NO - goodwill v BPAS

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13
Q

Can someone claim for psychiatric injury of witnessing negligent treatment? Case?

A

YES - north Glamorgan NHS trust v Walter’s

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14
Q

Straightforward example of Bolam negligence?

A

Fallon v Wilson 2010

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15
Q

Can a claim be brought where the NHS has scarce resources? Case?

A

NO - Mulholland v medway NHS foundation trust

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16
Q

What does Wilsher v Essex AHA say about inexperienced doctor’s?

A

They should be judged against the same standard of care as their more experienced colleagues.

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17
Q

Which case gave us the but for test?

A

Barnett v chelsea Kensington hospital management committee 1969

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18
Q

Case for loss of chance?

A

Gregg v Scott 2005

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19
Q

Case example to show insufficient post-op care will come under clinical neg?

A

Bailey v ministry of defence 2008

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20
Q

What defence is their to clinical negligence?

A

Contributory negligence

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21
Q

Case for contributory negligence?

A

Venner v north east Essex health authority and another

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22
Q

Case to show scope of duty and its limits?

A

Khan v meadows 2021 - should have been told about haemophilia , not autism.

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23
Q

Which case showed the docterine of double effect wasn’t successful?

A

R v Cox 1992 - only outcome was patients death, not pain relief

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24
Q

What is an omission for end of life care? Case?

A

Re A Bland - Where a doctor in discontinuing life support, is simply allowing the patient to die of his pre existing condition.

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25
Q

What is passive euthanasia?

A

Withdrawal of treatment.

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26
Q

When can someone be deemed in a vegetative state?

A

After 1 year of being in an unconscious state.

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27
Q

If you’re in a minimally conscious state, how long till we can deem you in a vegetative state?

A

5 years

28
Q

What does the case of Re A Bland confirm?

A
  1. Removing clinically assisted hydration has to be an omission NOT an act
  2. Clinically assisted hydration is treatment NOT basic care
29
Q

Which section of the MCA 2005 sets out best interests and what does it say?

A

S.4 - where a patient cannot consent, a doctor may treat in the patients best interests.

30
Q

What does section 4(5) MCA state?

A

Dr must not be motivated by a desire to bring about death.

31
Q

What does S.4(6) MCA state?

A

Patients past and present feelings must be considered.

32
Q

What does S.4(7) MCA state?

A

Need to take into account so far as is reasonable the views of of anyone named by the person as to be consulted and those with an interest in the patients welfare

33
Q

What is futility?

A

Treatment may bring benefit to patient even though it may not cure them or make them better.

34
Q

Which main case needs to be mentioned for assisted dying?

A

Nicklinson v ministry of justice 2012

35
Q

What claims did Tony nicklinson bring?

A
  1. That common law of necessity should provide a defence to assisted suicide
  2. The current law breaches article 8 by criminalising assisted suicide
  3. Currently law breaches article 2 by failing to adequately regulate active euthanasia
36
Q

What case links to nicklinson?

A

Martin, nicklinson, and lamb 2013

37
Q

What did the case of Martin, nicklinson and lamb conclude?

A

That the matters brought forward were a matter for parliament, BUT Supreme Court could declare S.2 of the suicide act is incompatible with article 8 but PARLIAMENT should consider first.

38
Q

Case where clinician not guilty of assisted killing?

A

R v chard 1993 - dr simply left drugs for patient to take, no men’s rea.

39
Q

Statute which used to govern assisted suicide?

A

Suicide act 1961

40
Q

What does suicide act 1961, S.2 say?

A

Offence to aid, abet, counsel or procure suicide

41
Q

Case which didn’t come under S.2 of suicide act?

A

AG v Able 1984 - were not aiding one specific individual.

42
Q

Which law governs assisted suicide now?

A

Coroners and justice act 2009, S.59

43
Q

What does s.59 of coroners and justice act 2009 say?

A

Aimed at clarifying position of websites that encouraged suicide. It is an offence to encourage or assist suicide.

44
Q

What 2 things will CPS use to decide if assisted suicide should be prosecuted?

A
  1. Evidential stage - has an offence been committed
  2. Public interest stage - is the prosecution in the public interest
45
Q

What factors will make the CPS what to prosecute?

A

Patient is under 18, lack of capacity etc

46
Q

Is there a right to die?

A

NO - coroner and justice act incompatible with article 2 right to life

47
Q

What does S.2(4) of the suicide act specify?

A

That no proceedings can be brought without the consent of the DPP

48
Q

This case failed where the wife asked the DPP to make her husband immune from prosecution if he helped her kill herself, why?

A

Petty v United Kingdom 2002 - if she had changed her mind, and died, her husband should be held accountable.

49
Q

What happened in the case of Daniel James?

A

Courts decided not to prosecute as it wasn’t in the public interest.

50
Q

What is the leading case regarding best interests?

A

Aintree university hospitals NHSFT v David James 2013 - no prospect of recovery.

51
Q

What did aintree v NHSFT conclude?

A

No prospect of recovery every though there was an option to treat, it wasn’t in patients best interests.

52
Q

Case which even though the patient lacked capacity, best interests prevailed? Reasoning?

A

Wye NHS trust v Mr B 2015 - not in best interests to amputate foot and take away little independence he had left.

53
Q

What does S.5 of the MCA 2005 state?

A

Gives doctors liability where they continue to treat in patients best interests.

54
Q

Under S.3 of the MCA state?

A

Someone is unable to make a decision if they are unable to -
1. Understand info
2. Retain info
3. Make decision
4. Communicate decision

55
Q

What section of MCA does LPA come under?

A

S.9

56
Q

What is a LPA?

A

Patients gives done me authority to make decisions where they have lost capacity.

57
Q

Can the patient restrict their LPA?

A

Yes they can be specific if they don’t want donee to make decisions to do with specific things.

58
Q

What section of MCA 2005 does AD come under? Relates to?

A

S.25 - relates to refusal of treatment ONLY!

59
Q

AD must be……

A
  1. Verified in a statement by patient and a witness
  2. Be in writing
  3. Signed by patient
  4. Witnessed
60
Q

Which case shows the definition of mercy killings I.e. wasteful and gentle death?

A

R v Ingles 2010 - killed son who was in a vegetative state.

61
Q

Case to compare R v Ingles 2010 to? Explain?

A

Lynne Gliderdale - daughter asked and begged to die, son in ingles had no say.

62
Q

What did Re T 1993 confirm?

A
  1. Reason for refusal doesn’t have to be rational
  2. Any capable adult can refuse treatment
63
Q

Is the doctor under a duty to review a diagnosis? Case?

A

YES - Stacy v chiddy 1993

64
Q

What does the case of Re T 1993 say?

A

Capable refusal doesn’t need to be a rational decision.

65
Q

What does S.2 of the suicide act say?

A

Offence to aid, abet, counsel or procure suicide.

66
Q

What does coroners and justice act S.53 say?

A

Offence to encourage or assist suicide.

67
Q

If treatment is no longer in patients best interest, which case says we should not continue to treat?

A

Aintree university hospitals NHSFT v James 2013

Medical Law (3 decks)

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