L2 Handout NURS2035 24S1 Part 7 PDF

2/18/24 Causation Causation q A successful claim for damages requires a causal link between the breach of duty and damage suffered q The negligence to be a necessary condition of the occurrence of the harm (factual causation) as well as a requirement that a person’s liability be extended to the harm...

2/18/24 Causation Causation q A successful claim for damages requires a causal link between the breach of duty and damage suffered q The negligence to be a necessary condition of the occurrence of the harm (factual causation) as well as a requirement that a person’s liability be extended to the harm caused (scope of liability) q You need to take into account what the patient would have done if the negligence did not occur 22 Defences to negligence Defences to negligence q Good Samaritan, assistance in an emergency q Volunteer carrying out work for a community organsation q Outright denial – not my fault q Contributory negligence q Failure by injured party to mitigate/reduce losses 23 Defences to negligence Defences to negligence q A second negligent act results in increased harm q The plaintiff has knowledge of the risks and voluntarily undertakes those risks, voluntary assumption of risk q Criminal activity by the complainant q Consumption of alcohol or drugs by the complainant 24 8