Professional Negligence

Question 1

Bolan v Friern Hospital Management (intro quote)

Answer 1

Where there is a situations which involves ‘some special skill or competence… the test is not the reasonable man… it is the test of an ordinary skilled man exercising and professing to have that special skill.’

Question 2

Bolam

Answer 2

first developed professional standard model, P suffered fratcures after therapy P agreed to do for mental illness, alleged doctor was negligent, court adopted ‘doctor knows best’ approach, hled a doctor is not guilty of neg if he acts in accordance with a practice accepted as proper by a responsible body of medics

Question 3

Daniels v Heskin

Answer 3

Bolan accepted in Ireland, Kinsmill Moore J held the standard required is that if he is a specialist – ‘such further and particularised skill and knowledge as he holds himself out to possess.’

Question 4

Dunne v National Maternity Hospital (facts)

Answer 4

P went into hospital pregnant with twins but hospital only checked for one heartbeat, doctor unaware of distress of other twin who was born with brain damage, q was wther the doctor should have checked both heartbeats and where he didn’t was this below SOC, on appeal it was found he had fallen below standard

Question 5

Dunne principles

Answer 5

1) what was the GAP
2) did the professional follow it
3) if the professional did not follow GAP can it be proven that what they did was unjustifiable - did they do something that no other similar professional would have done
4) if the professional did follow GAP, did it contain any inherent defects which would have cause them not to follow it
5) simple disagreement between professionals is not conclusive evidence of neg
6) intro of new drugs/treatment is not conclusive evidence that the drugs/treatment was neg