Examples of Medical Negligence: Failure to Diagnose Flashcards
What are the facts of Barnett v Chelsea?
Group of watchmen drank tea, which had arsenic in it.
Went to hospital, nurse went to doctor, doctor told them to go home and drink fluids etc. He was tired and didn’t want to see anyone.
They went home, and one subsequently died.
Sued for negligence for failing to diagnose.
Held: Hospital held to have a DOC to see the patients, but evidence from a toxicologist said even if the casualty officer would have seen them and treated them, it was too late, the deceased would still have died.
No liability ensued, but judge did hold that the casualty should have seen and examined the deceased. The deceased’s condition of dehydration and malaise was such that intravenous treatment should have been given.
What major cases are involved under this example?
- Barnett v Chelsea
- Stacey v Chiddy
- Wood v QML
- O’shea v Sullivan
What is the significance of Stacey v Chiddy?
It reflects the law in Barnett v Chelsea which is a UK case.
What are the facts of Stacey v Chiddy?
Patient alleged GP had failed to make proper examination of her breasts which would have resulted in earlier diagnosis and treatment.
Held: Doctor negligent in failing to make a proper examination, BUT the malignancies which formed months later were unrelated to the presence of the earlier sists (which the doctor should have detected by a competent examination).
What are the facts of Woods v QML?
1990, P got a mole checked, analysis came back saying that there was no evidence of malignancy in mole.
Three years later (1993), got it checked again as he had been feeling unwell, weight dramatically decreased and had a lump in left armpit. Got it checked, doctor prescribed antibiotics, which didn’t work.
He talked to his mum and subsequently went to another doctor. Turns out he had melanoma.
Held: examination in 1990 was negligent. Liability ensues.
What other points of law come from Woods v QML?
P has to prove that he would have accepted recommendation to treatment and that he would accept the treatment.
In this case, it was held he would have submitted to treatment.
What does Woods v QML say about damages?
In calculation of damages, make allowance for risk that P may have fallen into the small percentage of persons who would not have survived and for possibility his treatment would not have been what he underwent, in which case his chances of survival are greatly reduced.
What are the facts of O’shea v Sullivan?
False report following a Pap smear test.
Held: the defendant GP was negligent because he failed the reasonable standard of a GP for failing to refer patient to specialist in circumstances where patient clearly exhibited symptoms.
