Medical Ethics: Proof of Negligence

Questions and Answers

What was the outcome regarding the surgeon's duty of care to the football club in West Bromwich Albion v El-Safty?

The surgeon did not owe a duty of care to the club, as he was not responsible for its financial wellbeing.

In Farraj v King’s Healthcare NHS Trust, what was determined about the private laboratory's duty of care?

The laboratory owed a duty of care to the patient despite not directly communicating with them.

What is the legal principle established regarding a medical professional's failure to assist at a road traffic accident?

Failing to assist does not constitute a breach of duty of care, though it may violate professional good practice.

What is the foundational criterion for establishing a duty of care in tort law?

A duty of care exists only where it is 'just and reasonable' to impose one. Signup and view all the answers

How does the case A (A Child) v Ministry of Defence contribute to the understanding of duty of care in healthcare?

It recognized that an NHS trust has a duty to provide safe and satisfactory medical services to patients. Signup and view all the answers

Why might public policy argue against finding a duty of care in certain situations?

Public policy considerations may suggest that imposing a duty of care in some contexts could lead to excessive liability or discourage altruistic behavior. Signup and view all the answers

What must be established after determining that a defendant owed a victim a duty of care?

It must be established whether the defendant breached that duty of care. Signup and view all the answers

What implications does the decision in West Bromwich Albion v El-Safty have for the liability of medical professionals?

The decision limits the liability of surgeons regarding financial losses of clubs, focusing on patient welfare over third-party claims. Signup and view all the answers

What are the four 'D's essential for proving negligence?

Duty, Deficiency, Direct causation, and Damage. Signup and view all the answers

What must a claimant prove in a medical malpractice case under the tort of negligence?

The professional owed a duty of care, breached that duty, and caused the claimant loss. Signup and view all the answers

What determines if a duty of care exists in a medical negligence case?

Reasonable foreseeability of harm and a close relationship between the defendant and the patient. Signup and view all the answers

Explain the significance of the case Goodwill v British Pregnancy Advisory Service in negligence.

It established that a doctor did not owe a duty of care in providing contraceptive advice for future relationships. Signup and view all the answers

What types of damages can be claimed in a medical negligence case?

Damages may be physical, mental, or financial loss to the patient or relatives. Signup and view all the answers

What is the basic approach in the law of tort regarding duty of care?

You owe a duty of care to anyone whom you may reasonably foreseeably injure. Signup and view all the answers

How directly must the deficiency in duty result in the problem for negligence to be established?

The deficiency must directly cause the problem experienced by the patient. Signup and view all the answers

What is meant by 'breach of duty' in the context of medical negligence?

Breach of duty occurs when a medical professional fails to meet the standard of care owed to the patient. Signup and view all the answers

What is the Bolam test in medical negligence law?

The Bolam test states that a doctor is not guilty of negligence if they acted in accordance with a practice accepted as proper by a responsible body of medical professionals. Signup and view all the answers

Identify one factor that influences the application of the Bolam test.

One factor is the current state of knowledge regarding medical practices at the time of treatment. Signup and view all the answers

Explain the role of the 'but for' test in establishing causation in negligence cases.

The 'but for' test determines whether the injury would have occurred but for the defendant's negligent actions. Signup and view all the answers

Discuss the significance of Davies v Countess of Chester Hospital in understanding negligence and causation.

This case illustrates that even with clear negligence, liability may not be established if the patient would have died regardless of the defendant's actions. Signup and view all the answers

What constitutes 'res ipsa loquitur' in medical negligence cases?

'Res ipsa loquitur' is a legal doctrine meaning 'the thing speaks for itself,' allowing negligence to be inferred from the very nature of the accident. Signup and view all the answers

List two conditions under which the Bolam test may be evaluated.

Conditions include the standard of skill and specialism required for specific medical practices and the protocols and policies in place. Signup and view all the answers

How do emergencies impact the application of the Bolam test?

In emergencies, the Bolam test may allow for a lower standard of care to be considered acceptable due to the urgency of the situation. Signup and view all the answers

What is the role of a respected body of opinion in the Bolam test?

The opinion of a responsible body of medical men skilled in a particular area is crucial in establishing whether a doctor's actions were reasonable. Signup and view all the answers

Study Notes

Proof of Negligence

Four essential elements of negligence are Duty, Deficiency, Direct causation, and Damage (physical, mental, or financial loss).
Majority of medical malpractice litigation arises from tort of negligence, requiring proof of duty of care, breach of duty, and resultant loss.

Duty of Care

Duty of care exists towards individuals whom one can reasonably foresee may be harmed.
Questions to establish duty of care include:
- Reasonable foreseeability of harm caused by actions.
- Presence of a close relationship between the defendant and the patient.
  - Goodwill v British Pregnancy Advisory Service: No duty owed in contraceptive advice to third parties.
  - West Bromwich Albion v El-Safty: No duty owed by surgeon to football club for financial losses from negligent treatment of a player.
  - Farraj v King’s Healthcare NHS Trust: A private lab owed duty of care to the patient despite lack of direct communication.
- Public policy may influence the existence of duty of care, requiring it to be 'just and reasonable.'

Breach of Duty

Breach of duty is assessed post-establishment of duty of care.
The Bolam test determines if negligence occurred, where a doctor is not negligent if acting in accordance with accepted practices by a responsible medical body.
Factors affecting Bolam test include current knowledge, respected opinions, skill standards, emergencies, available resources, guidelines, and the principle of res ipsa loquitur (the thing speaks for itself).

Causation

Establishing negligence alone does not confirm liability; causation of injuries must be shown.
The 'but for' test is the primary causation test.
- Davies v Countess of Chester Hospital NHS Foundation Trust: Negligence (overdosing) did not cause death, as the patient was already critically ill.
- Barnett v Chelsea and Kensington Hospital Management Committee: Neglect to treat a patient with abdominal pain resulted in death; negligence directly linked to the outcome.

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Description

Explore the key principles of medical negligence in this quiz. Understand the four essential 'D's: Duty, Deficiency, Direct Result, and Damage. This is crucial for professionals in the healthcare field to ensure patient safety and legal awareness.