Tort
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(Last minute Exam Revision)
Tort: Negligence: MEDICAL Prima facie duty owed by the Hospital/Doctor to patient Cassidy v Ministry of Health (Vicariously liable) BREACH via Standard of Care Wilsher v Essex Experience irrelevant as a doctor; trainee or not, same standard “Bolam Test” Bolam v Friern Management Hospital Committee Expert opinion/body of professional opinion, vice-versa test Level of skill and competency Bolitho v City of hackney Health Authority Applied Bolam Test, opinion must be based on logic and be defensible CAUSATION (both “Factual” and “Legal” should be satisfied Determined on the BALANCE OF PROBABLITIES via “But-For” test Cork v Kirby Mclean “But-for-test” was born Barnett v Chelsea and Kensington Hospital But for test applied Chester v Afshar “But for test” Also, denial of “Personal Autonomy” or non-disclosure of risk ***** CUMULATIVE CAUSEs (If But-For test can not be applied) Bonnington Castings Ltd v Wardlaw Material contribution to the harm (does not have to be “sole” cause) McGhee v National Coal Board Material increase in the risk of harm Bailey v Ministry of Defense (2008) Relaxed rule, not only to industrial (McGhee, Wardlaw) extended to medical. Distinct independent causes as Wisher or cumulative causes as Wardlaw CAUSATION “legal” Wagon Mound No.1 Remoteness test still apply (Hughes v Lord Advocate) Type of injury, reasonably be foreseeable and not too remote Use “egg-Shell” rule (Smith v Leach Brain) If pre-existing condition exists (take the victim as you find)
Negligence: Medical continues: **Loss of Chance (defense) Balance of probabilities
*****Consider Law Reform (Contributory negligence) Act 1945
Hotson v East Berkshire AHA Chances of still harm occurring and how was it reduced or increased Gregg v Scott Diminution of chance might give rise to claim; reduced by LR (CN) Act 1945
Tort: Negligence: Car-Crime-Drunk-Accident-Suicide Driver: General duty of care to other road users and
(Last minute Exam Revision)
Tort: Negligence: MEDICAL Prima facie duty owed by the Hospital/Doctor to patient Cassidy v Ministry of Health (Vicariously liable) BREACH via Standard of Care Wilsher v Essex Experience irrelevant as a doctor; trainee or not, same standard “Bolam Test” Bolam v Friern Management Hospital Committee Expert opinion/body of professional opinion, vice-versa test Level of skill and competency Bolitho v City of hackney Health Authority Applied Bolam Test, opinion must be based on logic and be defensible CAUSATION (both “Factual” and “Legal” should be satisfied Determined on the BALANCE OF PROBABLITIES via “But-For” test Cork v Kirby Mclean “But-for-test” was born Barnett v Chelsea and Kensington Hospital But for test applied Chester v Afshar “But for test” Also, denial of “Personal Autonomy” or non-disclosure of risk ***** CUMULATIVE CAUSEs (If But-For test can not be applied) Bonnington Castings Ltd v Wardlaw Material contribution to the harm (does not have to be “sole” cause) McGhee v National Coal Board Material increase in the risk of harm Bailey v Ministry of Defense (2008) Relaxed rule, not only to industrial (McGhee, Wardlaw) extended to medical. Distinct independent causes as Wisher or cumulative causes as Wardlaw CAUSATION “legal” Wagon Mound No.1 Remoteness test still apply (Hughes v Lord Advocate) Type of injury, reasonably be foreseeable and not too remote Use “egg-Shell” rule (Smith v Leach Brain) If pre-existing condition exists (take the victim as you find)
Negligence: Medical continues: **Loss of Chance (defense) Balance of probabilities
*****Consider Law Reform (Contributory negligence) Act 1945
Hotson v East Berkshire AHA Chances of still harm occurring and how was it reduced or increased Gregg v Scott Diminution of chance might give rise to claim; reduced by LR (CN) Act 1945
Tort: Negligence: Car-Crime-Drunk-Accident-Suicide Driver: General duty of care to other road users and