DPS Flashcards
What does it mean to be negligent in law?
Defendant must owe the claimant a duty of care
The doctor must be in breach of that duty
This breach must cause harm
What is the law of the duty of care?
In law where the positive acts of an individual cause physical harm, the existence of a duty of care can be assumed.
It is the neighbour principle where you owe a duty of care to your neighbour
What is the duty of care for a doctor?
Automatic between HCP and patient, practitioner owes a duty to the patients on his list, hospital and staff owe a duty to all patients admitted, HCP- reasonable care and skill in diagnosis, treatment and advice.
What is standard of care and civil negligence?
Civil Negligence consists of falling below the standard of care required in the circumstances to protect others from the reasonable risk of harm
What is the Bolam standard?
The standard of a reasonable ordinary skilled and experienced normal doctor
What is the chain of causation?
Patient must prove that the defendants acts or omissions were responsible for their loss. Pt harm must have been caused by negligence.
What is the ‘But for’ test?
‘BUT FOR..’ the doctor’s negligence, they would not have come to harm.
What are the two types of civil negligence?
In gaining consent and in treatment
What is negligence in gaining consent?
Not enough information is given about the side effects and risks of a treatment. If these were known, need to prove they would not have consented.
What is negligence in diagnosis and treatment?
Poor clinical practice, human factors and patient safety matters.
What are the implications of Montgomery 2015?
The doctor has a duty of care to tell the patient about any material risks in the proposed treatment and of reasonable alternatives.
What is a material risk?
If a reasonable person in the patient’s position would attach significance to that risk or if the doctor is or should be aware the pt will attach significance.
How do you assess material risk?
What would a prudent patient want to know? What wouls this patient want to know? There is now no difference between the GMC standard, law and ethics.
What are the 3 elements of gross negligence manslaughter?
1) Defendant must owe a duty of care
2) Dr must fall so far below the standard of care to warrant criminal and moral culpability
3) Breach MUST have caused the patient’s death
What are human factors leading to medical mistakes and negligence?
1) Safety culture
2) Managerial leadership
3) Communication
4) Teamwork
5) Team leadership
6) Situation awareness
7) Decision making
8) Stress
9) Fatigue
10) Work environment
