Examples of Medical Negligence: Faillure to properly train reception to detect and prioritise patients Flashcards
What are the facts of Alexander v Heise
P’s husband suffering from headaches, one night more severe than others. She calls up and says he needs a full medical check up to the nurse.
Husband never made it to medical appointment as he had a severe aneurism and died.
P argued that if the nurse had prioritised her husband, her husband could have been saved.
What is the main case?
Alexander v Heise
What were the questions for the court?
- Did receptionist owe a DOC to patient to ensure the (deceased) patient was appropriately prioritised?
- Did Doc owe a DOC to patient to ensure that reception staff knew how to properly prioritise patients?
First, was there a Duty owed to the husband?
Wife described husband’s symptoms and appointment was made.
Upon doing that, Mr Alexander became a patient of the practice and a DOC owed.
What was held in relation to Breach of duty?
Held in regards to the Nurse: Nurse had no access to patient to assess urgency as she talked to wife on the phone. She could only rely on the wife’s recount, and in the judge’s view this was not enough to raise the Nurse’s index of concern. So Nurse has no liability.
Held in regards to doctor: He had a duty to properly instruct nurse on proper management and prioritising. There was no breach because there was evidence that the doctor had proper guidelines.
Held: No breach by any of the D’s
