Clinical Negligence Cases

Question 1

Silverstone v Mortensen & Oxford Uni 2012

Answer 1

Must reach standard of care of reasonable practice
Regardless of world renowned surgeon

Question 2

Barnett v Chelsea & Kensington 1969

Answer 2

(Arsenic Poisoning)
Duty begins as soon as presented at A&E

Question 3

Ocloo v Royal Brompton & harefield [2001]

Answer 3

Continuing duty, girl died after failure to set up follow up appointment

Question 4

Wilsher v Essex AHA [1988]

Answer 4

Can’t use inexperience as excuse

Question 5

Darnley v Croydon Health Services [2018]

Answer 5

Reception told 5 hour wait but failed to explain triage assessment in 20mins
Duty of all A&E staff including receptionist

Question 6

Farraj v Kings Healthcare Trust [2009]

Answer 6

Delegation of duty in some circumstances,
Independent lab results

Question 7

Bull v Devon [1993]

Answer 7

Delay of 1 hour for registrar to attend labour was deemed unacceptable > hospital direct liability - lack of staff

Question 8

ABC v St George’s Healthcare Trust [2017]

Answer 8

Duty to third party? Genetic information too remote unless relationship between claimant and clinician

Question 9

Goodwill v British Pregnancy Advisory [1996]

Answer 9

Vasectomy - didn’t owe duty to all sexual partners > too remote

Question 10

Selwood v Durham County Council [2012]

Answer 10

Failed to warn social worker of threats to kill her : too remote to place duty to people hurt by patients

Question 11

Kahn v Meadows [2021]

Answer 11

Scope of duty didn’t extend to all issues
Should of been advised risk of haemophilia as asked but didn’t extend to autism

Question 12

Bolam v Friern Hospital Management Committee [1957]

Answer 12

Claimant undergoing electro convulsive therapy > didn’t get relaxant drug as small chance of death as opposed to small chance of fracture

Question 13

Bolam Test

Answer 13

Objective test, is practice accepted and current?
Measured against standard of care of reasonable specialist

Question 14

Mulholland v Medway NHS Trust [2017]

Answer 14

A&E doctors don’t have the luxury of time

Question 15

FB v Princess Alexandra Hospital [2017]

Answer 15

Junior doctor failed to ask appropriate questions in A&E
Inexperience not relevant, basic skill

Question 16

Maynard v West Midlands [1985]

Answer 16

If multiple accepted practices, can’t “prefer” a practice

Question 17

White House v Jordan [1981]

Answer 17

Error in diagnosis not necessarily negligent

Question 18

Roe v Ministry of health [1954]

Answer 18

Accepted medical practice must be current and up to date < can’t judge with benefit of hindsight

Question 19

Clark v MacLennon [1983]

Answer 19

Departure from accepted practice
(Surgery Post Partum)

Question 20

Hucks v Cole [1993]

Answer 20

Easy cheap preventative measures should have been taken > even tho accepted practice negligent cos of ease of preventing illness

Question 21

Bolitho v City and Hackney [1997]

Answer 21

Child with breathing problems not seen due to beach but even if had been seen > wouldn’t have been incubated NO LIABILITY

Question 22

Bolitho Test

Answer 22

must be LOGICAL and REASONABLE
Compared to risks and benefits of situation.

Question 23

Marriott v West Midlands HA [1999]

Answer 23

A&E then GP with head injury, wasn’t reassessed ILLOGICAL > BOLITHO

Question 24

Sidaway v board of governors Bethlehem [1984]

Answer 24

Duty to disclose risk of harm, best interest of patients

Question 25

Montgomery v Lanarkshire Health Board [2015]

Answer 25

DISCLOSURE LEADING CASW - 9-10% (risk of dystocia) 2 strands
- risks material to patient
- doctor should be aware what risks patients want to know
BODILY AUTOMOMY

Question 26

Bonnington Castings v Wardlaw [1956]

Answer 26

Employment law > guilty dust, innocent dust = material contribution test, Materially contributed to inhaling guilty dust

Question 27

Fairchild v Glenhaven Funeral Services [2002]

Answer 27

Men developed cancer - 1 fatal fibre
Materially contributed to risk of harm, bent traditional rules but fair to find liability

Question 28

Bailey v MOD [2008]

Answer 28

Bile duct surgery, failure of aftercare
Contributed to weakeness > material contribution

Question 29

Williams v Bermuda hospital

Answer 29

Appendicitis, delay in treatment materially contributed to injuries

Question 30

Hoston v East Berkshire

Answer 30

Boy fell out of tree, broken femur not diagnosed >
Loss of chance but never had more that 50% chance

Question 31

Pigeon v Doncaster

Answer 31

Woman ignored multiple notices to get smear test, contributory negligence