Ethics - professional standards Flashcards
What is the law of negligence?
Patients have a right to expect that treatment will be carried out with due skill and care
Most actions for negligence are civil in nature
Criminal actions for gross negligence are rare
When does negligence occur?
Information giving (consent)
Diagnosis
Treatment
How is the law of negligence proved?
Balance of probabilities
The burden of proof is on the patient
The burden remains with the patient even if negligence has been proved or admitted
What 3 elements are needed to prove negligence?
The defendant-health care professional owed him a duty of care
That the health care professional was in breach of the duty
That the harm that the patient complains of was caused by the health care professional’s carelessnesss
What is Duty of care?
The duty to exercise reasonable care and skill in all aspects of the relationship with the patient
Within the NHS what does the duty of care derive from?
law of tort
imposes a duty whenever one person can reasonably foresee that his conduct may cause harm to another
How can the practitioner breach the duty of care?
Patient has to prove that the health care professional fell short
How can one breach the duty of care?
Patient needs to prove health care professional fell short of the standard of care expected
Is a wrong diagnosis negligence?
NO not by itseld
The patient must establish that the practitioner failed to carry out the examination or tests that the patient’s symptoms called for or that his diagnosis as one that no competent dentist would arrive at
What ways can the duty of care be breached/
Diagnosis
Treatment
Disclosure
What is duty of care breached in terms of treatment? how do you test this?
The claim that treatment was inappropriate or that the treatment was correct but carried out negligently
Test: conforms to accepted practice and whether it is reasonable in the circumstances
Causation…
The patient must convince the court that it was the practitioner’s negligence and not the natural progression or the disease of the inherent risks of the procedure that caused harm
Criminal liability
The negligence of the accused must go beyond mere matter of compensation between subjects and show such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving of punishment
What is the purpose of damages?
To put the patient in the position the patient would have been in but for the negligence
What are the different damages?
Special damages - quantifiable damages
General damages for future care
