Medical negligence Flashcards
cause of medical negligence claim: adverse clinical outcome
unexpected personal injury/clinical condition
worsening clinical condition
increased length of hospital stay
unplanned re-admission to hospital
transfer to intensive care unit
death of a patient
professional basis of duty of care
proper clinical assessment of patient
observing limits of clinical competence
updating professional medical knowledge and clinical skills
appropriate clinical treatment and drug prescribing
maintaining clear and accurate clinical records
accessible ti fellow healthcare professionals
consulting with clinical care team
clinical referral of patient for second opinion
the duty of care and the medical practitioner
appropriate levels of clinical skills, knowledge and ability
adequate clinical instruction, training and supervision
provision of suitable clinical equipment in working order
safe working conditions and maintenance of patient safety
safe and secure access to and storage of clinical records
failure of professionalism in medical practice
NHS complaints procedures
parliamentary and health service ombudsman
clinical negligence scheme for trusts (CNST)
membership and level of clinical risk
solicitor firms panel
reporting guidelines
formal investigation
pro-active steps
five year plan
pro active steps
admission
settlement
apology
five year plan
early resolution
risk management principles
legal basis for medical negligence claim
medical practitioner owed claimant patient a duty of care
medical prcatitioner breached the duty of care by non-observance of appropriate standard of care
claimant patients harm/injury was reasonably foreseeable from the breach of duty of care
law of medical negligence: duty of care
medical practitioner owes the patient a duty of care
duty of care covers all aspects of the clinical treatment of a patient
medical pratiotner must prove that they have the clinical skill and medical knowledge required professional practice
medical practitioner should take reasonable care to avoid acts or omission which they could reasonably force would cause harm or injury
patient may be directly or indirectly affected by the act or omission of the medical practiotner
establishing the duty of care
was it reasonably foreseeable that the defendant medical practitioner would cause the patient harm or injury
is there a sufficiently close professional relationship between the medical practiotenr and the patient
is there a public policy against establishing a duty of care
the duty of care to third parties
di marco v Lynch homes, non-identifiable third party
reisner v regents of university of California, identifiable third party
PD v Harvey and chen, disclosure of HIV status of patient
R v kelly , reckless causing of injury
R v dica, reckless infection GBH
JD v east Berkshire NHS trust, alleged minor abuse
breach of duty of care standard of care
medical rpactioner is not guilty of medical negligence if they have used an appropriate clinical practice endorsed by a respected group of medical practitioners
examples of breach of duty of care standard of care
bolam v frieri hosptial management committee
bellarby v worthing and southland NHS trust
maynard v West Midlands regional health authority
bellarby v worthing and southland NHS trust
professional endorsement of clinical practice by expert clinical witness
maynard v West Midlands regional health authority
non-selection of expert clinical witness evidence by presiding judge
legal applicability of Bolam principle
diagnosis of clinical condition
appropriate clinical treatment
non-legal applicability of Bolam principle
informing patient of clinical treatment options
informing patient of clinical risks
formulation of basic diagnostic decisions
non-clinical/clinical advice
categories of legal case
muller v kings college hospital, pure diagnosis and pure treatment
ministry of justice v Carter, current state of professional knowledge not professional hindsight
respected body of professional opinion
De freitas v o’brien
Bolitho v city and hackney health authority
wisniewki v central Manchester health authority
De freitas v o’brien
no specific number of medical practitioners constitutes respected body of professional opinion
Bolitho v city and hackney health authority
logical clinical basis to respected body of professional opinion
wisniewki v central Manchester health authority
judicial adjudication on legal testimony of expert clinical witness
respected body of professional opinion
burne v A
ecclestone V medway NHS trust q
burne v A
no logical professional basis to clinical practice of GP
