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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
Kapfunde v Abbey National
No doctor-patient relationship (paper-based opinion for insurance; no duty to prevent pure economic loss)
Bull v Devon AHA
'a staff reasonably sufficient for the foreseeable requirements of the patient' (risk of delay to baby known)
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
Crawford v Charing Cross Hospital
knowledge held not to have sufficiently disseminated in 6 months from Lancet publication
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)
Pearce v United Bristol Healthcare NHS Trust
Duty to disclose what a reasonable patient would consider material (if not emotionally affected)
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)
Chester v Afshar
Disclosure and causation: impossible to prove but for, policy imposes 'legal fiction' of certain/b.o.p. causation
Ratcliffe v Plymouth & Torbay HA
RIL did not apply - judge content to accept the evidence even if it leaves the damage unexplained
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