Ethics tutorials

Question 1

Types of negligence

Answer 1

In relation to

• treatment
• diagnosis
• consent process (information giving)

Question 2

Tests to prove negligence

Answer 2

Montgomery test (consent process)
-doctors must now ensure that patients are
aware of any “material risks” involved in a
proposed treatment, and of reasonable
alternatives, following the judgment in the
case
Bolam test (diagnosis and treatment)
-standard of care demanded of a health care
professional is the standard of the reasonably
skilled and experienced health care professional
-asks whether doctor’s conduct would be supported by responsible body of medical opinion

Question 3

Three elements necessary to establish negligence

Answer 3

Duty of care
Breach of duty of care
Harm caused by breach of duty of care

Question 4

The law of negligence

Answer 4

• 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