Tort: Professional/Clinical Negligence

31 terms by flipbrad 

Create a new folder

Advertisement Upgrade to remove ads

R v Bateman

doctor-patient relationship; holds himself out as having special skill and knowledge; is consulted; owes a duty of care. No contractual relationship is necessary

Barnett v K&C HMC

duty arose once care was assumed / treatment undertaken;

Kapfunde v Abbey National

No doctor-patient relationship (paper-based opinion for insurance; no duty to prevent pure economic loss)

Goodwill v British Pregnancy Advisory Service

no duty to advise partner, only patient

Wilsher v Essex AHA

duty to provide personnel of sufficient skill

Griffiths v Kent Ambulance Service

Duty to provide ambulance in reasonable time on call is taken

Bull v Devon AHA

'a staff reasonably sufficient for the foreseeable requirements of the patient' (risk of delay to baby known)

R v Cambridge AHA

deference to resources allocation decisions by HAs

Lillywhite v UCL Hospital NHS Trust

High focus procedure = higher standard/duty

Bolam v Friern HMC

standard is to act in a manner acceptable to a reasonable body of professional opinion

Maynard v West Midlands RHA

accepted the Bolam test and justified it with reference to complexity and discretion

Bolitho v Hackney & City HA

Bolam applies only where the standard is reasonable and the decision taken was logical in all the facts

Whitehouse v Jordan

error of judgement is ONLY negligent if it is in breach of a duty and standard owed - i.e. lack of care

de Freitas v O'Brien & Connolly

11/1000, or consensus amongst the 11 experts worldwide...

Roe v Ministry of Health

state of the art at the time of the act

Crawford v Charing Cross Hospital

knowledge held not to have sufficiently disseminated in 6 months from Lancet publication

CJD litigation

duty was owed to cease treatment 3 years beforehand; treatment was not life-crucial, consent and possible risks were negligently exchanged

Wilsher v Essex AHA

Lower duty is owed if acting under instruction from more senior personnel; but inexperience does not by itself constitute an excuse (L Browne-Wilk. dissenting)

Sidaway v Bethlehem Royal Hospital

duty to disclose only risks with both high probability and severity (back operation, 1% not enough, 10% would)

Chester v Afshar

Once asked there is an absolute duty of disclosure

Pearce v United Bristol Healthcare NHS Trust

Duty to disclose what a reasonable patient would consider material (if not emotionally affected)

Bull v Devon AHA

68 min delay before arrival of competent doc

Barnett v K&C HMC

death would have ensued irrespective of negligence (arsenic)

Fairchild v Glenhaven Funeral Services

material contribution to overall risk when a disease cause is indivisiblel J&S L

barker v Corus

Fairchild but prop. award rel to material contribution to risk factor (indivisible injury, rival causes)

Bailey v MoD

award for negligence creating a weakness or susceptibility/risk of death

Chester v Afshar

Disclosure and causation: impossible to prove but for, policy imposes 'legal fiction' of certain/b.o.p. causation

Cassidy v MoH

Res Ipsa Loquitur (stiff fingers)

Scott v London & South Katherine's Docks

origin of res ipsa loquitur

Ratcliffe v Plymouth & Torbay HA

RIL did not apply - judge content to accept the evidence even if it leaves the damage unexplained

Gregg v Scott

No recovery for loss of a chance (had not yet died, alleged much reduced life expectancy) - policy argument

Please allow access to your computer’s microphone to use Voice Recording.

Having trouble? Click here for help.

We can’t access your microphone!

Click the icon above to update your browser permissions above and try again

Example:

Reload the page to try again!

Reload

Press Cmd-0 to reset your zoom

Press Ctrl-0 to reset your zoom

It looks like your browser might be zoomed in or out. Your browser needs to be zoomed to a normal size to record audio.

Please upgrade Flash or install Chrome
to use Voice Recording.

For more help, see our troubleshooting page.

Your microphone is muted

For help fixing this issue, see this FAQ.

Star this term

You can study starred terms together

NEW! Voice Recording

Create Set