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CLINICAL NEGLIGENCE (Standard of care (Body of opinion (Bolitho v City and…
CLINICAL NEGLIGENCE
Standard of care
Bolam
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Fallen below standard - 'a doctor who acts in accordance with a practice accepted at the time as proper by a reasonable body of medical opinion skilled in the particular form of treatment is not negligent'
(do not need to show that they have used the best practice - only need to find a body of other doctors that would do the same)
Body of opinion
Bolitho v City and Hackney
The body of opinion relied on by D must be rational and logical - the court can dismiss it otherwise as in Marriott v West Midlands
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Defreitas v O'Brian
The body of opinion need not be large - the number may vary 
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Risk
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Lybert v Warrington
Doctor should tell C of risks if it is easy to do so even if it is not standard practice
Roe v MOH
Lord Denning - there is no liability where the risks were simply not known at the time of the tort
Level of skill
Wilsher v Essex
The standard is that of a skilled doctor doing that particular type of work even when a doctor is a trainee (could absolve himself of liability if he asks for supervision)
Ashcroft v Mersey
Differentiate between doctors - look at the type of work and the post that is being filled
State of the art
Crawford v CCH
You cannot expect doctors to know every new development in every field
Standard may be raised with developments in the internet etc and a doctor now may be expected to keep up with advancements
Errors of judgement
Whitehouse v Jordan
Errors of judgement may not necessarily be a negligence or breach, it depends on their nature
Duty of care
Individuals
R v Bateman
'If a doctor holds himself as a person with special skills and knowledge, he owes a duty to the patient to exercise caution in undertaking treatment' - basic authority that a doctor owes a duty of care
Cassidy v Ministry of Health
Doctors owe a duty of care to patients and a hospital is vicariously liable for all of its permanent staff
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Hospitals
Kent v Griffiths
The ambulance service is part of the NHS and owes a duty of care as soon as the 999 call is accepted
Wilsher v Essex
The hospital was responsible for the junior doctors fault as they did not provide supervision when requested
Bull v Devon
Hospital was liable for the doctors absence due to not having an adequate system in place
Johnstone v Bloomsbury
Hospital would be liable for any mistake made by the junior doctor as they had a system in place that caused junior doctors to be overworked
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Prendergast
There is a duty to write prescriptions clearly
Causation
Factual
Barnett v Chelsea Kensington
But for the breach, would the patient have suffered the injury
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Legal
Robinson v Post Office
Act of a doctor as a third party will only break the chain of causation if the medical treatment was 'palpably wrong' as in Jordan