ethics - negligence

Question 1

when does negligence occur

Answer 1

Information giving (consent)
Diagnosis
Treatment

Question 2

how is it proven

Answer 2

The burden of proof is on the patient (plaintiff)
the burden remains with the patient (plaintiff) even if negligence has been proved or admitted

Three Elements
That the defendant-health care professional owed him a DUTY OF CARE;

That the health care professional was in BREACH OF THAT DUTY; and

That the harm that the patient complains of was caused by the health care professional’s carelessness – THE HARM CAUSED IS A RESULT OF THE BREACH OF THAT DUTY.

Question 3

duty of care

Answer 3

All practitioners owe a duty of care to their patients
Easy for patient to establish that a duty of care is owed
The duty of care is the duty to exercise reasonable care and skill in all aspects of the relationship with the patient

duty of care is same regarless of from tort or contract

Question 4

breach of duty

Answer 4

negligence is whether a practitioner was reasonable

prove that the health care professional fell short of the standard of care that could reasonably be expected of him.

Question 5

montgomery test

Answer 5

used for information giving only

Warn of any material risk
Test is what a reasonable patient would expect
AND
What material specific needs the patient in front of you may have

Question 6

bolam tests

Answer 6

The standard of care demanded of a health care professional is the standard of the reasonably skilled and experienced health care professional.
This means that the general practitioner must meet the standard of the competent general practitioner and orthodontist must meet the standard of the competent orthodontist practising that specialty

Question 7

breach of duty - diagnossi

Answer 7

wrong diangosis not neglenet

- must estalbish pracitioner failed to carry out exam or tests for the pts sydromes

Question 8

causation

Answer 8

The patient must show that ‘but for’ the defendant’s negligence, the harm would not have occurred.

Question 9

criminal liability

Answer 9

Gross negligence causing death can lead to a conviction for manslaughter.

Question 10

damages

Answer 10

The purpose of damages is to put the patient in the position that s/he would have been in but for the negligence

Question 11

limitation period

Answer 11

within 3 yrs of injury or when the pt comes aware