Medical and Industrial Injury

Question 1

Miller

Answer 1

Sufficiency of proximity needs to be considered when analysing third party duty of care

Question 2

Palmer

Answer 2

P’s daughter abducted, assaulted and murdered by AA. There was not action against the doctor even though knowledge of psychiatric illness as degree of proximity between the victim and the doctor is not sufficient

Question 3

MacFarlane

Answer 3

No acceptable to compensate for wrongful birth (sterilization)

Question 4

Rees

Answer 4

Disability does not change or overrule MacFarlane; £15000 award

Question 5

Appleton

Answer 5

Consent requires full knowledge of the facts; not in an emergency but religious views must be considered

Question 6

RE MB

Answer 6

Having schizophrenia did not prevent from consenting; not related

Question 7

Chatterton v Gerson

Answer 7

“1 in 100” risk not be disclosed as would undermine consent; non disclosure is tested in negligence (Sidaway)

Question 8

F v West Berkshire Health Authority

Answer 8

Necessity in some cases; forced sterilization

Question 9

Bux v Slough

Answer 9

Difference between providing goggles (statutory duty) and not insisting on them being warn (negligence); crystallization theory; independent duties

Question 10

Wilsons & Clyde Coal v English

Answer 10

Providing a safe place of work is non-delagable even when going to work somewhere else

Question 11

Square D Ltd v Cook

Answer 11

No duty for employer to check safety of premises abroad as long as reasonable and competent