Lecture 11: Professional negligence

Question 1

What are civil claims?

Answer 1

-Within the Law of Tort
-Does not involve the GOC
-If successful will result in some form of damages being awarded to the claimant (plaintiff)

Question 2

What is the low of tort?

Answer 2

Tort is the law of civil wrongs.

Usually provides people with the rights to compensation when another person harms their legally protected interests

From an optometrist point of view negligence is most relevant

Question 3

What is the definition of professional negligence?

Answer 3

Failure of a professional to behave with the level of care that another professional would have exercised in the same circumstances.

Question 4

How is negligence demonstrated?

Answer 4

-duty of care must be established
-the duty of care must have been breached
-harm has been suffered as a result of the breach of duty
-plaintiff required to prove on the balance of probabilites

Question 5

What is duty of care?

Answer 5

Legal obligation imposed on an individual requiring that they adhere to a reasonable standard of care while performing any acts that could harm others

Question 6

What are the implications to optometrists?

Answer 6

-Avoid “corridor consultations”

-Avoid evaluating findings, results or offering any advice outside of a formal consultation

-Document any such informal encounter and any general advice given.

-Declining a request for a patient appointment - ensure you take appropriate steps

Question 7

What does the court use to prove breach of duty?

Answer 7

guidelines issued by college of optometrists

Question 8

What can be awarded in damages?

Answer 8

Financial measure of the harm suffered
Usually based on:
-compensation for pain and suffering resulting from harm
-Future loss of earnings
-Loss of earning capacity and prospects
-Loss of benefits such as pension
-Future expenses including medical care

Question 9

When can claims be made?

What are the exceptions to this?

Answer 9

3 years from the date that the patient knew or should have known that his injuries were significant and had resulted from an act or omission of an identifiable professional

Minors can claim within three years of reaching the age of 18.

Exceptional circumstances

Question 10

What are the most common causes of litigation in optometrists?

Answer 10

Failure to detect Glaucoma
Failure to detect RD
Cataract Surgery
Tumours
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