Professional / Clinical Negligence Cases Flashcards
Ross v Caunters
General Professional s owe their clients a duty of care
Cassidy v Ministry of Health
Medical professionals owe their patients a duty of care, whether they are paid or not.
Barnett v Chelsea and Kensington HMC
Duty of care arises when doctors accept responsibility. Also applies to emergency cases.
Also - Factual Causation - but for test.
Wilsher v Essex
SoC - Reasonable doctor - trainees expected to reach same standard. However if trainee asks for supervisor and isn’t given one, supervisor takes over responsibility.
Duty of care applies to hospitals/health authority as they have a duty to manage staff and provide professionals with sufficient skills.
R v Cambridge AHA
Hospitals / health authority duty isn’t absolute and policy and costs can be taken into account.
Prendergast v Sam and Dee
DoC extends to writing prescriptions properly
Bolam v Friern HMC
Standard test:
That of a reasonable doctor - supported by a body of medical opinion.
Sidaway v Governors of the Royal Bethlem Hospital
There is an obligation to warn the patient of risks, if there is a significant risk (>10%)
Chester v Afshar
If patient asks for risks, doctor must tell them.
Apply to defence of consent.
Pearce v United Bristol Health Care
Exception to Chester v Afshar - if patient is too emotional.
Froom v Butcher
Defence - contributory negligence
Unreasonable acts of C can negate claim
Brannon v Airtours
Defence - contributory negligence
example - acting against professional advice
Roe v Minister of Health
Judge according to knowledge at the time
Crawford v Charing Cross Hospital
A professional is not expected to know every new development in the field.
Creutzfeld Jakob Disease Litigation
A professional is not expected to know every new development in the field however they should not be disregarding known risks.
