Tort - Clinical Negligence Flashcards
Duty of care between doctor and patient
Cassidy v MOH; Rv Bateman
Once emergency treatment has been undertaken a DOC is owed
Barnett v Chelsea and Kensington HMC
No general duty to assist
Re F
Duty includes preventing patients from harming themselves and others
Osman
Mental hospital did not owe DOC to non-sectioned patient as else they would effectively have to imprison him
Clunis v Camden and Islington
Doctor and pharmacist jointly liable for incorrect dispensing of a drug due to indecipherable handwriting
Prendergast v Sam & Dee
Duty of care owed by solicitor
White v Jones
Health Authorities have duty to provide services of medical professionals with sufficient skill and experience.
Wilsher; Griffiths v Kent Ambulance
Hospital has DOC - must be reasonable organised and competent
Bull v Devon
No absolute duty on a HA to provide every treatment available
R v Cambridgeshire HA ex p Child B
No DOC to patient’s wife who became pregnant years after husband’s vasectomy - too remote
Goodwill v British Pregnancy
Claimant must show that doctor has taken course of action which would not be acceptable to any reasonable body of medical opinion
Bolam (limb 2)
HL refused to choose one professional opinion over the other; possible to have conflicting professional opinions
Maynard v West Midlands HA
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
Sidaway v Board of Governors
Claimant specifically asked about risks and surgeon failed to disclose small risk of paralysis - breach of duty
Chester v Afshar