Negligence

Question 1

Elements of negligence required to be proven:

Answer 1

• there was a duty of care owed to the patient (proximity)
• there was a breach of duty of care (reasonable standard of care, Bolam principle - professional opinion)
• the patient suffered damages
• the damages suffered were caused by the breach (two tests: but for & remoteness of damage/reasonable foreseeability)

Question 2

Elements of open disclosure statements:

Answer 2

• an apology or expression of regret (must include ‘sorry’)
• a factual explanation of what happened
  an opportunity for the patient to relate their experience
• an explanation of the steps being taken to manage the event and prevent recurrence

Question 3

Vicarious liability:

Answer 3

• employers responsible for the employee in practical terms that the employer is more likely to have the means to compensate the injured party
• the negligent act must have arisen in conduct of and in scope of employment
• personal liability remains with the employee

Question 4

Which court hears the majority of medical negligence cases in Vic?

Answer 4

• County Court