Week 10: Clinical & Medical Negligence

Question 1

Define negligence

Answer 1

Negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstance

Question 2

What 3 criteria’s need to be met for a claim to be successful?

Answer 2

1. the clinician owed the patient duty of care
2. clinician breached their duty of care
3. that ‘but for’ breach in duty, the patient would not have suffered harm

Question 3

When is duty of care established?

Answer 3

When a person calls 999

Question 4

What is a breach of duty?

Answer 4

Did the person act in a way that a reasonable person would have acted

Question 5

What is the Bolam test?

Answer 5

A test applied to establish whether a medical practitioner has met their duty of care

Question 6

What is criminal negligence?

Answer 6

Where a criminal action has occurred where a death of a patient is caused by the grossly negligent act or omission of a health professional