Medical negligence

Question 1

Elements of medical negligence (7)

Answer 1

Duty of care
Standard of care
Contributory negligence- damage/injury is partly due to fault of patient
Causation
A new intervening act- act of another person contributes to damage caused between negligent MP and damage/injury to patient
The facts speak for themselves
Remoteness of damage

Question 2

How can patient succeed in claiming for medical negligence

Answer 2

1. Med pract owed a duty of care to patient
2. Med pract has to observe a clinical standard of care in treating the patient
3. Breach of duty of care cause patient harm/injury
4. Loss from harm/injury can be recovered under the common law by payment of compensation and legal costs

Question 3

When is medical practitioner not negligent?

Answer 3

If they follow general and approved practice

Supported by a respected body of medical opinion

Question 4

What is causation?

Answer 4

Damage/injury wouldn’t have happened /but for/ negligence of MP therefore damage is result of med negligence by practitioner
If patient can prove damage/loss wouldn’t have happened without act of MP- patient proved theri case

Question 5

What is remoteness of damage in med negligence?

Answer 5

Damage/injury caused must be a foreseeable consequence as a result of breach of duty care