Negligence Flashcards
What is expected of the paramedic as to Rights of the Parmedic
- Act in the best interest of the patient
- Respect the patient and their decisions
- Work within your professional limits
- Act with honesty and integrity
- Provide informed consent
What is classed as a informed decision
- Based upon information available at the time
- In best interests
- Reasonable
- Justifiable
- Involve professional judgements
Define Error
Failure of a planned action to achieve a desired outcome
Name the two Human errors
Skill based error
Mistake
What is negligence
- Civil law of tort
- Conduct that falls below the standard of behaviour established by law (Hcpc)
- A perso has acted negligence if they have departed from the rules
To be guilty of Negligence, what are the three parts that must be fulfilled
- Existence of a DUTY OF CARE owed by one person to another
- BREACH of that duty of care
- Foreseeable injury occurring as a result of that breach (harm/Damage)
Define Duty of Care
PT should not suffer any unreasonable harm or loss
Define Standard of Care
A standard that a reasonable man would perform under like circumstances
Define Burden of proof
Balance of probabilities, it is more likely than not that you are responsible for the alleged act
Define Causation
‘but for’ test. Harm would not occurred unless you were Negligent
Define the term neighbour, from the statement from “Donoghue v Stevenson (1932)
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would likely to injure your neighbour”
Any one within the vacinaty, as to be directly affected by my act that i ought to of contemplated them as being affected.
What are the three essential ingredients for Duty of Care and what is the test called
- Caparo test
Under the Caparo test the claiment must establish
- That harm was reasonably foreseeable
- That there was a relationship of proximity
- Fair, just and reasonable to impose a duty of care
Define omission
Failure to act that then results in harm
What is the Bolam Test
The bolam test is a legal test for negligence, you can not be found liable of negligence if she can find a reasonable body of medical opinion (JRCALC) that might do the same as you have in the same circumstances.
What is the Bolitho test
Put simply, it states that the defence could not be considered reasonable if the body of doctors or supporting witnesses were not capable of withstanding logical analysis. e.g., Peer review
