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Terms in this set (54)
1. In order to succeed in a negligence case for loss of chance of a better outcome, the plaintiff must demonstrate a more than small chance of a better outcome; negligence is assessed according to the balance of probabilities, not possibilities.
2. Causation principle: the patient must prove that their harm would not have occurred if the doctor had not acted negligent.
2. Causation principle: the patient must prove that their harm would not have occurred if the doctor had not acted negligent.
Cattanach v Melchior
Failed sterilization procedure. Woman informed doctor of age-15 appendectomy which had removed right fallopian tube. Filshie clip applied to left fallopian tube. 4 years later, childed. Right fallopian tube intact - ovum transmigrated from left ovary into right fallopian tube. Claimed for failure to check medical history, failure to conduct diagnostic procedure (painful), failure to warn of risk of pregnancy.
Failed sterilization procedure. Woman informed doctor of age-15 appendectomy which had removed right fallopian tube. Filshie clip applied to left fallopian tube. 4 years later, childed. Right fallopian tube intact - ovum transmigrated from left ovary into right fallopian tube. Claimed for failure to check medical history, failure to conduct diagnostic procedure (painful), failure to warn of risk of pregnancy.
Prelude CLA I
1. Although there is a duty to consult medical history, this is subject to a principle of practicality (it is impracticable to crosscheck fully the medical history of every medical patient).
2. Where a diagnostic procedure is painful and/or inaccurate, it may not be obligatory to conduct it.
3. Given that the defendant could not be sure of what took place in earlier surgery (right fallopian tube removal), there was a duty to warn the plaintiff that in the absence of proof of earlier removal, there was a risk (of pregnancy).
4. Court awarded damages for birth, confinement, costs of raising a child until 18, including presents for other children's birthday parties, and costs of hiring 2 videos a week to entertain the child.
5. No set-off for benefits of having a child was permitted - if a person injured in coal mining is unable to work, one does not allow an offset for their ability to sit in the sun and read the newspaper all day.
1. Although there is a duty to consult medical history, this is subject to a principle of practicality (it is impracticable to crosscheck fully the medical history of every medical patient).
2. Where a diagnostic procedure is painful and/or inaccurate, it may not be obligatory to conduct it.
3. Given that the defendant could not be sure of what took place in earlier surgery (right fallopian tube removal), there was a duty to warn the plaintiff that in the absence of proof of earlier removal, there was a risk (of pregnancy).
4. Court awarded damages for birth, confinement, costs of raising a child until 18, including presents for other children's birthday parties, and costs of hiring 2 videos a week to entertain the child.
5. No set-off for benefits of having a child was permitted - if a person injured in coal mining is unable to work, one does not allow an offset for their ability to sit in the sun and read the newspaper all day.