Principles Flashcards
Bolam Principle
refers to how another reasonable health care professional (same level of education and experience) would have responded to the same situation
The Doctrine of Double Effect
The doctrine of double effect is a moral principle often applied in healthcare, where a harmful effect of a treatment is permissible if it is an unintended secondary outcome of an action meant for a good cause. For instance, in palliative care, administering high doses of painkillers to relieve suffering may unintentionally shorten life. As long as the intention is to relieve pain (a positive effect), the doctrine considers it ethically permissible even if it might hasten death.
The Doctrine of Precedent
The doctrine of precedent, or stare decisis, is a legal principle where courts follow the rulings of previous cases to ensure consistency and fairness in legal decisions. In healthcare, it means that legal cases on similar issues (like negligence or liability) will follow established rulings from previous, similar cases, giving predictability to legal outcomes.
Vicarious Liability
Vicarious liability is a legal concept where an employer is held responsible for the actions or negligence of their employees if those actions occur within the scope of employment. In healthcare, this means that hospitals or healthcare facilities can be liable for the misconduct or negligence of their staff, as long as the employees were performing duties related to their employment.
The ‘But For’ Test
The ‘but for’ test is a causation test used to determine if an injury or harm would not have occurred “but for” a particular action. In negligence cases, this test is applied to assess whether a defendant’s conduct was a direct cause of the harm suffered by the claimant. If the harm would not have occurred without the defendant’s action, then causation is established.
The Doctrine of Emergency
The doctrine of emergency, or necessity, allows healthcare professionals to provide treatment without consent in urgent situations where a patient cannot consent (e.g., unconscious or in life-threatening situations). It justifies immediate intervention if delaying treatment could endanger the patient’s life or health.
The Thin Skull or Eggshell Rule
The thin skull rule, also known as the eggshell skull rule, is a principle in tort law stating that a defendant must take their victim as they find them. If a person has a pre-existing vulnerability or condition that makes them more susceptible to injury, the defendant is still fully liable for all resulting harm, even if it is more severe than what might occur in a healthier individual.
Proximity: Duty of care
Refers that in most circumstances where there is a health professional patient relationship a legally recognised relationship upon which the courts impose a duty of care exists.
Duty of care: Reasonable forseeability
Refers that the reasonable health care professional would be able to predict and determine the result of their action
Duty of Care: Duty to rescue (good samaritan)
refers to a person who in good faith and without any expectations provides assistance or rescues another person who has been injured or is at risk of being injured
Causation Principle: Remoteness
The court considers the scope of viability (why should the responsibility of harm be imposed on the defendant)
