Tort - Clinical Negligence Flashcards

1
Q

Duty of care between doctor and patient

A

Cassidy v MOH; Rv Bateman

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2
Q

Once emergency treatment has been undertaken a DOC is owed

A

Barnett v Chelsea and Kensington HMC

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3
Q

No general duty to assist

A

Re F

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4
Q

Duty includes preventing patients from harming themselves and others

A

Osman

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5
Q

Mental hospital did not owe DOC to non-sectioned patient as else they would effectively have to imprison him

A

Clunis v Camden and Islington

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6
Q

Doctor and pharmacist jointly liable for incorrect dispensing of a drug due to indecipherable handwriting

A

Prendergast v Sam & Dee

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7
Q

Duty of care owed by solicitor

A

White v Jones

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8
Q

Health Authorities have duty to provide services of medical professionals with sufficient skill and experience.

A

Wilsher; Griffiths v Kent Ambulance

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9
Q

Hospital has DOC - must be reasonable organised and competent

A

Bull v Devon

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10
Q

No absolute duty on a HA to provide every treatment available

A

R v Cambridgeshire HA ex p Child B

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11
Q

No DOC to patient’s wife who became pregnant years after husband’s vasectomy - too remote

A

Goodwill v British Pregnancy

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12
Q

Claimant must show that doctor has taken course of action which would not be acceptable to any reasonable body of medical opinion

A

Bolam (limb 2)

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13
Q

HL refused to choose one professional opinion over the other; possible to have conflicting professional opinions

A

Maynard v West Midlands HA

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14
Q

Doctor failed to warn claimant of small risk of damage to spine. Not liable as a reasonable body would not have warned of the risk

A

Sidaway v Board of Governors

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15
Q

Claimant specifically asked about risks and surgeon failed to disclose small risk of paralysis - breach of duty

A

Chester v Afshar

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16
Q

Body of 11 consultants out of 1000

A

De Freitas

17
Q

Judge can decide whether specific body of opinion is reasonable

A

Lybert v Warrington - warning that sterilisation may fail was inadequate, despite being a standard practice

18
Q

Bolam is not conclusive, court can hold that a body is neither responsible nor reasonable

A

Bolitho v City

19
Q

Junior doctor must meet standard of reasonably competent doctor, but may discharge this duty by asking advice from a more experience colleague

A

Wilsher

20
Q

HA may be liable for putting junior doctor in situation with little supervision

A

Bull v Devon

21
Q

Unforeseeable risks cannot be anticipated and failure to guard against them will not be negligence (state of the art defence)

A

Roe v MOH

22
Q

No liability as unrealistic to expect professional to know every new development in his field at any given time

A

Crawford v Charing Cross Hospital

23
Q

Factual Causation

A

Barnett v Chelsea and Kensington

24
Q

Courts will move away from but for test if necessary

A

Bailey v MOD

25
Q

Courts will consider a patient’s mental state when deciding the level of risks to be disclosed

A

Pearce v United Bristol Healthcare

26
Q

Difference between clinical negligence and error of judgement

A

Whitehouse v Jordan

27
Q

Where there has been a failure to inform of risks, causation will not fail simply because it is impossible to say that the patient would not have gone through with the operation had they been warned - this would render duty meaningless

A

Chester v Afshar