Clinical Negligence
- Created by: AlexW3
- Created on: 12-12-23 20:43
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- Clinical Negligence
- Defendants
- Patients encouraged to through hospital / GP complaints procedure
- Will bring things to light that may be used in litigation
- May get an apology
- Encouraged by Civil Procedure Rules
- NHS hospital
- Claim against trustor appropriate Health Authority in tort
- Private hospital
- Claim against the hospital and / or consultant in tort
- Nurses
- Claim against employers in tort
- Vicarious liability
- Claim against employers in tort
- GP's
- Claim against GP and / or partnership
- Partners are jointly and severally liable
- Claim against GP and / or partnership
- Locum
- Stand-in doctor
- Claim against Locum
- Unless it can be proved that the GP practice that hired the Locum was negligent
- Parties injured by patients
- Selwood v Durham CC
- Parties injured by patients
- Unless it can be proved that the GP practice that hired the Locum was negligent
- Patients encouraged to through hospital / GP complaints procedure
- Duty of Care
- Can a duty be owed to a 3rd party?
- Unless it can be proved that the GP practice that hired the Locum was negligent
- Parties injured by patients
- Selwood v Durham CC
- Parties injured by patients
- Policy issues and confidentiality
- Genetic diagnoses
- Unless it can be proved that the GP practice that hired the Locum was negligent
- Who owed a cuty?
- All those involved in the care of the patient
- Inexperience is not a defence
- Wilsher v Essex AHA
- Receptionists have a duty to inform patients about likely wait times
- Darnley v Croydon Health Services NHS Trust
- Inexperience is not a defence
- Direct vs Vicarious liability
- V - failure of the organisation
- D - Trusts are vicariously liable for their staff
- All those involved in the care of the patient
- When does a duty begin / end?
- Duty ends when the treatment ends or patient / Dr dies
- Duty is continuous
- Follow up
- Duty begins as soon as patient presents to A&E
- Or when the treatment begins
- One or multiple duties?
- One duty, which covers?
- Duty to disclose risks
- Does not involve clinical expertise
- Duty to provide post-op care
- Duty to treat
- Duty to diagnose
- Duty to disclose risks
- One duty, which covers?
- What is the nature / scope of the duty?
- Duty = provide treatment to a reasonable level of skill
- Did health carer guarantee a specific result?
- NHS or private?
- Can a duty be owed to a 3rd party?
- Standard of care
- Bolam v Friern HCC
- Standard = ordinary skilled man
- Objective
- What would reasonable and responsible group of clinicians have done?
- Meiklejohn
- World renowned expert
- Wilsher
- Inexperience
- Judged against the norm
- World renowned expert
- Not expected to be experts
- Judged against the norm
- Inexperience
- Objective
- Standard = ordinary skilled man
- Accepted Medical Practice
- A doctor is not negligent if he has acted in accordance with an accepted practice
- Must be a current practice
- Bolam v Friern HCC
- Breach
- Logical = Reasonableness??
- Departure from accepted practice
- When the practice itself is negligent
- Hucks v Cole [1993]
- Courts will examine situations where risks of 'great danger' are knowingly taken
- Can the risks be easily avoided?
- Courts will examine situations where risks of 'great danger' are knowingly taken
- Bolitho v City and Hackney Council [1997]
- Medical opinion must have a 'logical basis'
- Experts must have considered comparative risks and benefits
- Reached a defensible conclusion
- Experts must have considered comparative risks and benefits
- Medical opinion must have a 'logical basis'
- Montgomery v Lanarkshire Health Board [2010]
- The position that there was no need to intervene was defensible
- Courts will rarely conclude that views genuinely held by a competent medical expert are unreasonable
- Defendants
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