Liability and negligence Flashcards
What is negligence
failure to take proper care over something.
A tort/civil wrong
What four things must be established to show negligence
That the patient was owed a duty of care, that it was breached, that the patient has sustained an injury, which was caused by the breach of duty
What is the Bolam test
A doctor isnt guilty of negligence if his practice was accepted by a responsible body of peers
(does not carry over into consent)
How did the Bolitho case change Bolam rulings
Rarely if professional opinion cant hold up, judge can hold that body as not reasonable/responsible
What did the wilsher case prove
Inexperience is no defence for negligence
It has to be proven that the negligence caused the adverse effects
What happens if negligence is proven
Compensation/damages awarded, but not special to doctors - No different to negligent car drivers
WHat are the aim of damages
TO put the claimant in the same position as thwy would have been in if there was no negligence
What is a good samaritan act
When a dr off duty helps in an emergency. A doctor has no legal obligation to help, though good medical practice says u must
