Negligence Flashcards
What can you be negligent in?
Giving information - consent
Diagnosis
Treatment
How is negligence proven?
Burdon on plaintiff (pt) - the person making the complaint has to prove the vent
Burden remain w/ pt even if negligence proved or admitted
3 elements of proving negligence
- The HCP owed him/her duty f care
- HCP was in breach of duty
- Harm caused was a result of breach of duty
2 and 3 linked
What is fiduciary relationship?
Person who holds a legal or ethical relationship of trust with other parties
A fiduciary duty, is the highest standard of care at either equity or law
What is duty of care?
To exercise reasonable care and skill in all aspects of the relationship with the pt
What is breach of duty?
That HCP fell short of standard of care that could reasonably be expected
What is Bolam test?
The standard of care demanded of HCP is the standard of the reasonably skilled and experienced HCP
How can you be negligent in diagnosis?
Wrong diagnosis isn’t by it self negligent
Proving negligent in diagnosis must establish practitioner failed to carry out examination or test that pt symptoms called for
What is Montogomery test?
Risk judged from pt perspective
What tx a reasonable pt would expect to be carried out
What is causation?
Most difficult to prove
Pt must show that ‘but for’ the negligence the harm would not have occurred and not natural progression of disease or inherent risk of procedure that caused harm
What is whistle-blowing?
Act of information on another person to stop an act
Raise concern if pt is at risk
From professional perspective duty of care is always to pt first - must raise concern no matter how uncomfortable
What is duty of candour?
Being open and honest is essential component of high quality healthcare
