Clinical Negligence Cases Flashcards
Silverstone v Mortensen & Oxford Uni 2012
Must reach standard of care of reasonable practice
Regardless of world renowned surgeon
Barnett v Chelsea & Kensington 1969
(Arsenic Poisoning)
Duty begins as soon as presented at A&E
Ocloo v Royal Brompton & harefield [2001]
Continuing duty, girl died after failure to set up follow up appointment
Wilsher v Essex AHA [1988]
Can’t use inexperience as excuse
Darnley v Croydon Health Services [2018]
Reception told 5 hour wait but failed to explain triage assessment in 20mins
Duty of all A&E staff including receptionist
Farraj v Kings Healthcare Trust [2009]
Delegation of duty in some circumstances,
Independent lab results
Bull v Devon [1993]
Delay of 1 hour for registrar to attend labour was deemed unacceptable > hospital direct liability - lack of staff
ABC v St George’s Healthcare Trust [2017]
Duty to third party? Genetic information too remote unless relationship between claimant and clinician
Goodwill v British Pregnancy Advisory [1996]
Vasectomy - didn’t owe duty to all sexual partners > too remote
Selwood v Durham County Council [2012]
Failed to warn social worker of threats to kill her : too remote to place duty to people hurt by patients
Kahn v Meadows [2021]
Scope of duty didn’t extend to all issues
Should of been advised risk of haemophilia as asked but didn’t extend to autism
Bolam v Friern Hospital Management Committee [1957]
Claimant undergoing electro convulsive therapy > didn’t get relaxant drug as small chance of death as opposed to small chance of fracture
Bolam Test
Objective test, is practice accepted and current?
Measured against standard of care of reasonable specialist
Mulholland v Medway NHS Trust [2017]
A&E doctors don’t have the luxury of time
FB v Princess Alexandra Hospital [2017]
Junior doctor failed to ask appropriate questions in A&E
Inexperience not relevant, basic skill
Maynard v West Midlands [1985]
If multiple accepted practices, can’t “prefer” a practice
White House v Jordan [1981]
Error in diagnosis not necessarily negligent
Roe v Ministry of health [1954]
Accepted medical practice must be current and up to date < can’t judge with benefit of hindsight
Clark v MacLennon [1983]
Departure from accepted practice
(Surgery Post Partum)
Hucks v Cole [1993]
Easy cheap preventative measures should have been taken > even tho accepted practice negligent cos of ease of preventing illness
Bolitho v City and Hackney [1997]
Child with breathing problems not seen due to beach but even if had been seen > wouldn’t have been incubated NO LIABILITY
Bolitho Test
must be LOGICAL and REASONABLE
Compared to risks and benefits of situation.
Marriott v West Midlands HA [1999]
A&E then GP with head injury, wasn’t reassessed ILLOGICAL > BOLITHO
Sidaway v board of governors Bethlehem [1984]
Duty to disclose risk of harm, best interest of patients