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Clinical Negligence (Claim against medical professional (Duty imposed on…

- - - - General failings
        
        Professional standard (Bolam v Friern Hospital Management Committee; Wilsher v Essex AHA)
        
        Body of opinion concurring with defendant need not be substantial (De Freitas v O'Brien)
        
        Court reluctant to choose between differing opinions (Maynard v West Midlands RHA)
        
        If body is deemed illogical can be overruled (Bolitho v City & Hackney HA; Marriot v West Midlands RHA; Taaffe v East England Ambulance Service NHS Trust)
        
        Factual Causation
        
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        Keeping up to date with field- some leeway (Gascoigne v Sheridan)
        
        Risks at the time unknown are unforeseeable (Roe v Minister of Health)
      - Failure to advise of risks
        
        Duty to inform of any material risks and alternatives
        
        Risks a reasonable person would attach significance to (Montgomery and Lanarkshire Health Board)
        
        Factual causation can be implied (Chester v Afshar)
        
        Not implied but very unlikely to ever be an issue (application of but for) (Montgomery v Lanarkshire Health Board)
        
        Therapeutic exception (Pearce v United Bristold Healthcare NHS Trust)
- - - - SoC- professional (Bolam)
        
        Reasonably competent hospital of similar size and area to defendant
        
        Policy vs operational failing (Rigby v CC of Northamptonshire)
        
        Fallen below? (Bolam limb 2)