Medical Negligence & Duty of Care

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Questions and Answers

In the context of medical negligence, which of the following best describes the 'Bolam standard'?

The minimum standard of care required to avoid gross negligence.
The standard of care expected of a specialist, not a general practitioner.
The standard of care based on the average skill level of all practitioners.
The standard of care expected of a medical practitioner deemed proper by a responsible body of medical practitioners. (correct)

In Lownes v Woods (1996) Aust Torts Rep 81-379, what factor was most critical in establishing proximity and thus a duty of care when a doctor had not directly examined the patient?

The fact that the sister walked to the practice coupled with the potential prevention of damage if treatment was administered. (correct)
The severity of the patient's condition being visibly apparent to any observer.
The doctor's general ethical obligation to provide assistance in all emergency situations.
The pre-existing professional relationship between the doctor and the patient's family.

What legal principle was established in Harvey v PD [2004] NSWCA 97 concerning situations where a doctor faces conflicting duties of care?

When faced with equal and competing duties, a doctor must seek legal counsel to determine the correct course of action.
A doctor in such situations should decline involvement or obtain consent to disclose relevant information to all parties involved. (correct)
The duty of care is waived if fulfilling it would require breaking patient confidentiality.
A doctor's duty of care always prioritizes the patient they directly treat.

How did the court address the issue of differing standards of care based on location (e.g., city GP vs. rural GP) in Geissman v O'Keefe Unreported NSWSC 25 November 1994?

The standard of care for medical practitioners is uniform and does not vary based on location. (D) Signup and view all the answers

Explain the key ruling in Chin Keow v The Government of Malaysia [1967] 1 WLR 813 regarding a doctor's responsibility before administering treatment to avoid falling below the standard of a reasonable medical practitioner.

Doctors have a responsibility to inquire about patient allergies and check their medical records before administering treatment. (C) Signup and view all the answers

In Giurelli v Girgis (1980) 24 SASR 264, what was the central issue that led the court to find the doctor negligent?

The doctor's dismissive attitude towards the patient's complaints of pain and insufficient ongoing assessment. (A) Signup and view all the answers

What was the ultimate conclusion in Dekker v Medical Board of Australia [2014] WASCA 216 regarding the establishment of a duty of care in non-clinical emergency settings?

A duty of care in non-clinical emergency settings must be based on a standard generally accepted within the medical profession. (D) Signup and view all the answers

In Markaboui v Western Sydney Area Health Authority [2005] NSWSC 649, why was the hospital found to owe the patient a greater duty of care?

Because the patient was already in a vulnerable state due to the severity of her injuries upon admission. (B) Signup and view all the answers

In Hancock v the State of Queensland (2002) QSC 27 , what key point did Justice Atkinson make regarding allegations of negligence in medical procedures?

A plaintiff must demonstrate that the doctor's actions fell below the accepted standard of care, not just that a procedure failed. (C) Signup and view all the answers

In Wighton v Arnot [2005] NSWSC 637, what specific failure led the court to find the surgeon liable for negligence?

The surgeon's failure to inform the patient about a potential complication during surgery, conduct appropriate investigations, and refer her for timely remedial surgery. (D) Signup and view all the answers

What critical distinction did the court make in Barnett v Chelsea [1967] 1 QB 427 regarding a breach of duty of care and causation?

Even if a doctor breaches their duty of care, they are not liable if that breach did not cause the patient's injury. (A) Signup and view all the answers

Following Wood v QML unreported, 6 December 1994, what is the potential consequence of incompetent pathology?

The pathology lab can be held liable for the delayed diagnosis and subsequent loss of opportunity for effective treatment. (D) Signup and view all the answers

Explain the significance of Flinders Medical Centre v Waller [2005] SASC 155 in the context of medical negligence related to misdiagnosis.

It demonstrated that misdiagnosis can represent a 'loss of opportunity' if it prevents timely and effective treatment. (C) Signup and view all the answers

In Kite v Malycha (1998) 71 SASR 321, what principle was reinforced regarding a doctor's responsibility for test results?

Doctors have a non-delegable duty to follow up on test results, even if the patient fails to return for them. (A) Signup and view all the answers

What key aspect of a doctor's duty of care was highlighted in Tai v Hatzistavrou, particularly concerning referrals?

Doctors must take reasonable steps to ensure that a patient is appropriately placed on a surgical list following a referral. (B) Signup and view all the answers

What legal concept was central to the court's finding of negligence in Dean v Phung?

The principle of 'informed consent' and whether it was vitiated by the unnecessary procedures done for financial gain. (D) Signup and view all the answers

In CES v Superclinics, what was the critical factor that led the Court of Appeal to reconsider the application of the statute regarding lawful termination?

The court's evolving understanding of the legal definition of 'harm' to the mother. (B) Signup and view all the answers

In Cattanach v Melchior, what was the most controversial aspect of the damages awarded to the parents?

The court's decision to award damages for the costs of raising the child until the age of 18. (C) Signup and view all the answers

How did the High Court refine the application of the Bolam test in Rodgers v Whitaker concerning advice about treatment risks?

The High Court suggested the Bolam test may still apply for diagnosis and treatment but introduced a new test for risks arising from treatment focusing on what a reasonable person in the patient's position would want to know. (B) Signup and view all the answers

In Wang v Central Sydney Area Health Authority, what specific failure by the hospital staff led to a finding of potential liability?

The failure to advise the patient of the risks associated with leaving the hospital and to recommend that he stay for observation and a scan. (D) Signup and view all the answers

What critical element was missing in Alexander v Heise that prevented the court from establishing a duty of care on the part of the receptionist?

The information provided by the patient's wife was insufficient to alert the receptionist to the severity of the patient's condition. (B) Signup and view all the answers

In Berger v Mutton, why did the court ultimately find no liability despite acknowledging a failure to warn of material risks?

The plaintiff, being a nurse, already possessed sufficient knowledge of the risks involved, negating causation. (D) Signup and view all the answers

Following Rosenberg v Percival, what factors did the High Court consider relevant in determining whether a patient would have undergone a procedure despite being informed of the risks?

The patient's overall knowledge and experience, particularly in a healthcare setting, whether the patient asked specific questions about risks and how urgently the procedure was needed. (B) Signup and view all the answers

In Chappel v Hart, what reasoning did Mrs. Hart use to claim that Dr. Chappel's failure to warn her of a specific risk was the cause of her injury?

She argued that had she known of the risk, she would have chosen a more experienced surgeon and a later date for the operation. (A) Signup and view all the answers

What significant principle regarding remoteness of damage was established in The Wagon Mound (No. 1)?

A defendant is only liable for damages that are of a type or kind that is reasonably foreseeable as a result of the breach of duty. (D) Signup and view all the answers

In Naxakis, what position did the High Court take on the applicability of the Bolam standard in determining negligence?

The High Court stated that it was not strictly bound by the Bolam standard and would consider what other practitioners would have done, ultimately deciding based on individual circumstances. (D) Signup and view all the answers

Which of the following best describes the legal concept of 'therapeutic privilege' in the context of informed consent?

The doctor's discretion to withhold information about a risk if disclosing it could cause serious harm to the patient. (A) Signup and view all the answers

Generally, what is the standard of proof required in a medical negligence case for establishing causation?

A balance of probabililities, meaning it is more likely than not that the negligence caused the harm. (D) Signup and view all the answers

Which of the following is the most accurate definition of 'loss of opportunity' in the context of medical negligence claims?

The reduced chance of a better outcome for the patient due to medical negligence, even if a full recovery was never guaranteed. (B) Signup and view all the answers

When assessing a doctor's actions in a negligence case, what is meant by 'standard of care'?

The degree of skill and care that a reasonably competent medical practitioner would exercise under similar circumstances. (D) Signup and view all the answers

What is the significance of the legal principle of 'vicarious liability' in the context of medical negligence?

It holds hospitals or healthcare organizations responsible for the negligent acts of their employees, such as doctors and nurses. (C) Signup and view all the answers

What is the difference between 'battery' and 'negligence' in the context of a surgical procedure?

Battery requires proof of intent to harm, while negligence only requires proof of a failure to meet the standard of care. (D) Signup and view all the answers

In cases of negligent medical advice, what must a plaintiff typically prove to establish causation?

That they would have acted differently if they had received proper advice, and that this different action would have likely led to a better outcome. (B) Signup and view all the answers

What considerations are typically given to the resources available to a medical practitioner when determining the applicable standard of care?

The standard of care is generally uniform and does not significantly vary based on available resources, although limited resources may be a factor in determining what is reasonable in the circumstances. (B) Signup and view all the answers

What is the general approach to the admissibility of subsequent conduct (actions taken after an incident) as evidence of negligence?

Subsequent conduct is generally inadmissible to prove prior negligence, but may be admissible for other purposes, such as demonstrating feasibility of precautions. (D) Signup and view all the answers

What is the legal significance of a patient signing a consent form before a medical procedure?

It serves as evidence that the patient was informed of the risks and agreed to the procedure, but it does not automatically negate a claim for negligence if the standard of care was breached. (A) Signup and view all the answers

In the context of a medical negligence case, what is the most accurate interpretation of 'breach of duty'?

Falling below the standard of care expected of a reasonably competent practitioner in the same field. (B) Signup and view all the answers

Following the ruling in Roe v Minister of Health, how is the standard of care determined in a negligence claim, specifically related to historical medical practices?

It is based on the standards accepted at the time the incident occurred, irrespective of subsequent advancements in medical knowledge. (A) Signup and view all the answers

In light of Lownes v Woods, which factor is most critical in establishing a duty of care between a doctor and a patient in an emergency, even without a prior formal relationship?

The existence of a direct consultation or communication where the doctor knew or should have known assistance was required. (B) Signup and view all the answers

According to Thomsen v Davison, under what circumstances might a doctor owe a duty of care to an individual even in the absence of a traditional doctor-patient relationship?

When the doctor's actions or examinations directly impact the individual's health or well-being, irrespective of who employs the doctor. (A) Signup and view all the answers

Based on the principles established in Evans v Liverpool Corporation, under which conditions does a doctor's duty of care extend to third parties who are not direct patients?

When a doctor's negligent act directly leads to the transmission of a disease or harm to a third party. (B) Signup and view all the answers

In Harvey v PD, what legal dilemma regarding conflicting duties of care was presented, and how did the court suggest this conflict should be resolved?

The dilemma involved balancing a doctor's duty to maintain patient confidentiality against the duty to protect a third party from harm; the court suggested seeking consent to disclose or refusing treatment. (C) Signup and view all the answers

How does the ruling in Geissman v O'Keefe address the standard of care expected of general practitioners in different geographical locations?

It asserts that the standard of care for GPs is uniform, regardless of their location (urban or rural). (B) Signup and view all the answers

In Chin Keow v The Government of Malaysia, what specific actions by the doctor were found to be negligent, leading to the patient's death?

Failing to obtain informed consent and neglecting to check the patient's medical records for allergies before administering medication. (D) Signup and view all the answers

Drawing from Giurelli v Girgis, what principle does the case establish regarding the ongoing nature of a doctor's diagnostic duty?

A doctor's diagnostic duty continues throughout treatment, requiring reconsideration of the diagnosis as new information becomes available. (A) Signup and view all the answers

According to Dekker v Medical Board of Australia, under what conditions can a medical practitioner's conduct outside of a clinical setting be considered a breach of professional obligations, and what is required to establish this?

Behavior that is directly related to the pursuit of their profession and is generally accepted by the medical profession as establishing a duty of care. (C) Signup and view all the answers

Based on Paton and Another v Parker, what specific factors are considered when determining a breach of duty of care for a patient under anaesthesia?

The patient's vulnerability and the reasonableness of the measures taken to ensure their safety in light of their condition. (A) Signup and view all the answers

In Markaboui v Western Sydney Area Health Authority, what specific additional factor heightened the hospital's duty of care to the patient?

The patient's already compromised and vulnerable condition upon admission to the hospital. (D) Signup and view all the answers

Referring to Hancock v the State of QLD, what critical element must a plaintiff demonstrate in medical negligence cases where a procedure has failed?

The doctor's actions fell below the accepted standard of care, not merely that the procedure failed. (C) Signup and view all the answers

In Wighton v Arnot, what specific failure led the court to determine that the surgeon was liable for negligence?

Failing to inform the patient of a complication that occurred during surgery, neglecting to conduct necessary investigations, and not referring the patient for timely remedial surgery. (A) Signup and view all the answers

According to Mahon v Osbourne, what principle did the case establish regarding the precautions taken by a medical professional during an emergency surgical procedure?

Even in emergencies, medical professionals must adhere to established safety protocols, but some leeway is given to the parties. (D) Signup and view all the answers

How does the ruling in Barnett v Chelsea differentiate between breaching a duty of care and establishing causation in a medical negligence claim?

It states that a breach of duty is irrelevant if causation cannot be proven, even when negligence is admitted. (B) Signup and view all the answers

Following Stacey v Chiddy, what principle is emphasized with regard to the standard of care required in medical examinations for early cancer detection?

GPs are expected to perform a proper examination and provide appropriate advice; however, they are not liable if a cancer develops later unrelated to an earlier, non-negligent examination. (C) Signup and view all the answers

What was determined in the case of Wood v QML regarding the consequences of incompetent pathology in diagnosing a malignancy, and what standard did the court apply?

Incompetent pathology leading to a delayed diagnosis can establish liability if it is proven that competent pathology could have prevented the spread of the disease. (B) Signup and view all the answers

Considering the legal implications of Flinders Medical Centre v Waller, how does an incorrect initial diagnosis influence the standard of care required in subsequent diagnostic steps?

An incorrect initial diagnosis requires more thorough investigation in subsequent steps to ensure the correct condition is identified and treated. (C) Signup and view all the answers

According to Kite v Malycha, what are the legal implications for a doctor who fails to follow up on critical abnormal test results, and what is the court's stance on the patient's duty in such situations?

The doctor has a responsibility to follow up on abnormal test results, and the patient does not have a contributory duty to ensure the doctor does so. (A) Signup and view all the answers

Based on the principles established in Tai v Hatzistavrou, what specific actions must a doctor undertake when referring a patient to a specialist or hospital to ensure they meet their duty of care?

The doctor must take reasonable steps to ensure the referral is acted upon and the patient receives the necessary care and specialist attention. (D) Signup and view all the answers

In Dean v Phung, what legal principle was central to finding the doctor liable for negligence regarding the provision of unnecessary dental treatment?

The principle that consent had been vitiated due to the unnecessary nature of the treatments, compounded by the likelihood of financial gain. (D) Signup and view all the answers

In CES v Superclinics, what was the basis for the Court of Appeal's reconsideration of the statute regarding lawful termination, influencing the finding of negligence?

The Court of Appeal ruled that the trial judge's consideration overlooked crucial factors posing a risk to the life of the mother and infant, thus permitting legal termination. (A) Signup and view all the answers

What element of the damages award in Cattanach v Melchior was most controversial, and what principle guided the court's decision in awarding these damages?

The most controversial part was the cost of raising the child until the age of 18, these were recoverable because the woman was not given the option to investigate her tube still being present. (C) Signup and view all the answers

How did the High Court in Rodgers v Whitaker refine the Bolam test concerning a doctor's duty to advise patients about treatment risks, particularly concerning the concept of 'material risk'?

The High Court stated that Bolam still applies for diagnosis and treatment, but doctors must warn of a material risk in a proposed treatment. (B) Signup and view all the answers

In Wang v Central Sydney Area Health Authority, what specific failure by the hospital staff led to a finding of potential liability despite the patient's decision to leave?

The hospital failed to advise of the risks of a brain bleed. (D) Signup and view all the answers

What key element was missing in Alexander v Heise that prevented the court from establishing a duty of care on the part of the receptionist?

His wife provided sufficient information to put the receptionist on alert to the severity of A’s condition. (A) Signup and view all the answers

What reasoning did Mrs. Hart use to claim that Dr. Chappel's failure to warn her of a specific risk was the cause of her injury in Chappel v Hart?

That had Dr Chappel made her aware of this risk, she would have sought a second opinion and had the operation at the hands of a more experienced surgeon at a later date. (A) Signup and view all the answers

According to cases discussed, what is a common requirement to prove medical negligence?

The plaintiff must prove that they would not have undergone the procedure had they know so. (D) Signup and view all the answers

According to the Bolam principle, is a doctor considered negligent if there is a body of medical opinion that supports their methods?

The doctor is not considered is someone supports the same methods. (D) Signup and view all the answers

Flashcards

Duty of care

Dr. owes patient a single duty of care: diagnosis, advice, and treatment.

Negligence action elements

Duty, breach, causation of damage which is not too remote.

Breach (in negligence)

Standard expected of a practitioner.

Bolam standard

The ordinary skilled person exercising or professing to have that special skill acts in accordance with one or more proper standards.