NEGLIGENCE-medical negligence

Question 1

what is the structure for medical negligence?

Answer 1

Duty,breach,causation

Question 2

what is the important ingredient for medical negligence?

Answer 2

breach

Question 3

what is the duty part of medical neg?

Answer 3

always be a yes as obvious duty (briefest amount of time)

Question 4

why will duty be the shortest amount of time?

Answer 4

obvious- doctor/surgeon to patient

Question 5

is breach slightly diff to normal breach?

Answer 5

yes

Question 6

what is the reasonable man test in this?

Answer 6

compare to average doc (special skill) compare to medical practioner

Question 7

case for reasonable man test?

Answer 7

Bolam v Friern Hospital Management Committee

Question 8

what is Bolam v Friern Hospital Management Committee also known as?

Answer 8

BOLAM TEST

Question 9

when do you use BOLAM test?

Answer 9

use if d = doctor in order to establish breach

Question 10

what is the question you ask for the bolam test?

Answer 10

has d shown standard of care that wuld be by a group of skilled men in that profession

Question 11

what do you do after you do bolam test q?

Answer 11

ask 4 evidence so if fellow practitioners verify practices he will not breach- if dont approve = breach

Question 12

is the bolam test difficult to satisy?

Answer 12

no

Question 13

what is the modified test called?

Answer 13

Bolitho v City and Hackney Health authority

Question 14

what is Bolitho v City and Hackney Health authority also know as?

Answer 14

BOLITHO TEST

Question 15

what is in the bolitho test?

Answer 15

added extra requirements

Question 16

what are the extra requirements based on?

Answer 16

opinion of other medical practioners

Question 17

what are the 3 requirements?

Answer 17

1. was d’s act reasonable- rmt
2. did d weigh up risks and benefits- did d consider what may go wrong
3. is it logical- following his causes harm he may not have breached providing he satisfies test (roe v minister health) & other risk factors

Question 18

what happens in damage part of medical negligence?

Answer 18

normal rules of causation applies
factual cause- barnett
damage not too remote-type must be forseeable -the wagon mound

Question 19

case for success of bolam test?

Answer 19

mariott v west midlands regional health authority