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Issues Relating to Medical Negligence - Coursework Example

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The paper "Issues Relating to Medical Negligence " highlights that inexperience is irrelevant in determining the standard of care applicable. For example, in the case of Jones v Manchester Corporation, it was stated that errors due to inexperience were no defence.  …
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Issues Relating to Medical Negligence
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Download file to see previous pages In applying the test, it must be established that it would be reasonable for Doctor Green to have foreseen that the damage to Charles would have been caused as a result of any negligence or misconduct and as such, should have taken precautions against this. If we apply this to the current scenario, it is evident that as a trained medic, Doctor Green would have foreseen that failure to take proper care in diagnosing and treating Charles would result in damage to Charles’ health. This appears to be further bolstered by claims by consultant Doctor Brown that Charles may have healed normally had he been correctly diagnosed and treated by Doctor Green. As regards the liability of Wellington Hospital, as soon as Charles entered Wellington Hospital as a patient, it had a duty of care towards him as a patient.
With regard to the proximity limb of the duty of care test, the case of Anns v Merton London Borough4 asserted that the proximity test relies on a consideration of the nature of the relationship between the parties. The courts will consider whether Charles was a member of a group to which a duty of care was owed5. Moreover, it has been established there is sufficient proximity between patient and doctor for there to be a duty of care6 and in light of the fact that the Charles became paralysed, it will clearly be fair and just to impose a duty of care on both Doctor Green and Wellington Hospital towards Charles. The fundamental issue is to determine whether Doctor Green was negligent and breached his duty of care to Charles and whether the breach caused Charles’ current predicament.
The standard of care in medical negligence claims differs from that of “the reasonable and prudent man” test propounded in the case of Donoghue v Stevenson 7and Nettleship v Weston. The leading decision setting out the standard of care threshold in determining medical negligence was propounded in the case of Bolam v Friern HMC9which established the infamous “Bolam Test”, where “a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men skilled in that particular art”10. ...Download file to see next pagesRead More
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