Clinical Negligence Cases

Question 1

consent must be;

Answer 1

valid
with capacity
informed
voluntary
not coerced
not manipulated

Question 2

material risks must be discussed
what is this

Answer 2

a reasonable person, if warned of the risks, would be likely to attach significance to these

dentist should be aware if this particular pt is warned, they would attach significance

Question 3

Bolam vs Friern Case

Answer 3

hospital did not restrain legs, resulting in fractures, claimed hospital negligent

NOT NEGLIGENT
if actions are accepted by responsible body of practitioners

if can get other dentists to say they wouldve done the same thing

Question 4

Sidaway vs Bethlem Royal Case

Answer 4

complications after surgery which she was not informed of
deals with informed consent

NOT NEGLIGENT
if aligned with responsible body of practitioners, where some would tell and others wouldnt

applied Bolam test

Question 5

Chester vs Afshar Case

Answer 5

informed consent
paralysis complication, claimed if she know this risk she wouldnt have had the surgery

NEGLIGENT
duty to disclose material risks, even if small but serious, if it is something a reasonable person would think is significant

Question 6

Montgomery vs Lanarkshire Case

Answer 6

gestational diabetes, injury to baby, shouldve been offered a C section

NELGIGENT
need to disclose risks with procedures and different options
importancd of pt autonomy, pt-centred care, shared decision making