We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Medical negligence litigation - Case Study Example

Comments (0) Cite this document
Summary to case study on topic "Medical negligence litigation"
In the UK and elsewhere, medical negligence litigation is increasing. Some of the increase is related to errors in practice which should have never occurred if the rules of clinical management were followed, if clinical information is accurately recorded, and if there is the appropriate communication with the patients…
Download full paper
Polish This Essay
Medical negligence litigation
Read TextPreview

Extract of case study "Medical negligence litigation"

Download file "Medical negligence litigation" to see previous pages... (Garfield, 3) In assessing the patient's sufficiency to understand, the court considers whether the patient believes it and is capable of "weighing it in the balance to arrive at choice" as stated in the case of Re C (Adult: Refusal of Treatment)] [2002] All ER 449. Since the scenario involves Charles,
Let us write or edit the essay on your topic "Medical negligence litigation" with a personal 20% discount.. Try it now
a minor, it is important to discuss consent to treatment in relation to minors. Minors under the age of 18 are divided into three categories for the purpose of deciding their capacity. This is guided under section 8 of the Family Law Reform Act 1969. (Garfield, 7)
In the scenario involving Charles, a young boy who initially injured himself falling from a climbing frame at the local park, Charles is subjected to multiple medical treatments. His parents believe they may not have been completely necessary based on the advice of a nurse. Each decision by Dr. Green will be discussed as well as the likeliness of a successful claim against Dr. Green in the tort of negligence.
Lord Winfield suggests that: "Negligence as a tort is a breach of a legal duty to take care, which results in damage undesired by the defendant to the plaintiff". (Rogers, 134) Not every act of carelessness which causes harm leads to legal liability and compensation for the claimant. The following elements must be established: (i) legal duty to take care; (ii) breach of that duty; (iii) damage resulting from that breach caused injury complained of which would have otherwise been avoided (as long as it is not too remote). (Garfield, 10) Initially, the issue of owing a duty of care arises in the case of Donoghue v Stevenson [1932], where Lord Atkin established the 'neighbour' principle, which states that: "you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour". (Donoghue v Stevenson [1932] AC 562, at 580) A doctor owes a general duty of care to his patients; however, the extent of the duty owed (standard of care) is determined by the actual position held by the doctor within the unit in which he practices. (Rogers, 248) The first question to be decided upon is the type and level of duty owed by a doctor. Firstly, doctors are judged by their specialty, for example a neurologist would be expected to show the skills of a neurologist and not that of a neurosurgeon. (Garfield, 10) Second, they are judged by grade and not by seniority. Third, doctors are judged by only what they "ought to know but also by what they actually know". (Garfield, 10) For example, if a registrar does in fact have specialist knowledge but fails to use it, he or she may be liable where other registrars only have average knowledge. (Garfield, 10) Based on the facts, Dr. Green works in the Casualty Department at Wellington Hospital, which is where Charles was brought in immediately after his fall. Dr. Green's initial action of giving a sedative to Charles and sending him for an X-ray of his right knee (as this is where Charles had indicated the pain was focused), seems to fulfill the standard of care owed by a doctor to his patient. Since Dr. Green was the apparent doctor on duty, he would seemingly owe a relatively high standard of care to any of the patients which are brought in to the Casualty Depa ...Download file "Medical negligence litigation" to see next pagesRead More
Cite this document "Medical negligence litigation"
  • APA
  • MLA
(“Medical negligence litigation Case Study Example | Topics and Well Written Essays - 1750 words”, n.d.)
Medical negligence litigation Case Study Example | Topics and Well Written Essays - 1750 words. Retrieved from https://studentshare.org/miscellaneous/1503777-medical-negligence-litigation
(Medical Negligence Litigation Case Study Example | Topics and Well Written Essays - 1750 Words)
Medical Negligence Litigation Case Study Example | Topics and Well Written Essays - 1750 Words. https://studentshare.org/miscellaneous/1503777-medical-negligence-litigation.
“Medical Negligence Litigation Case Study Example | Topics and Well Written Essays - 1750 Words”, n.d. https://studentshare.org/miscellaneous/1503777-medical-negligence-litigation.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC "Medical negligence litigation"
Federal Medical Malpractice Reform
6.0 Conclusion 7.0 References Federal Medical Malpractice Reform There have been rapid and recent developments in the American medical health care systems that have warranted review of various sectors for instance, Health Care Law. Prime amongst them medical liability system whose role in driving up patient’s medical expenses has not gone unnoticed.
8 Pages(2000 words)Case Study
hospital owed Rameez duty for care the moment he got admission into the hospital. Doctor Kildare’s decision to perform an emergency operation on Rameez was meant to revive his life. It was in the best interest of Rameez to get the operation and a breathing device for his survival.
4 Pages(1000 words)Essay
Doctor Negligence
However, the man suffered heart attack the next morning. The doctor failed to check the man's blood and its behavior. Most probably, there was clotting of blood in and around the man's heart. The doctor did not check other probable causes of heart attacks.
2 Pages(500 words)Case Study
Company Law negligence
Directors' duties are owed to the company. "The general duties specified in sections 171 to 177 are owed by a director of a company to the company", s.170(1). This reflects common law that duties not owed to shareholders individually (Percival v Wright [1902] 2 Ch 421).3 The practical effect is found in the rule in the case of Foss v Harbottle: "when a wrong is done to the company, the company is the proper plaintiff".4
4 Pages(1000 words)Case Study
Medical Negligence
It has been held that to judge a person by his conduct in relation to another is guided by the conduct of a man on top of a Clapham omnibus. However, if a situation involves the employment of some special skill then the test to be used in judging that conduct is the standard of the ordinary skilled man exercising and professing to have that special skill.
8 Pages(2000 words)Case Study
Civil Litigation
Why was it that the principal acted as a party to the overall delay in getting the 8 year old boy to a medical specialist What are the safety rules and regulations that are being followed by the school Moreover, why and how the other boy Trevor caught hold of the aerial, and when so many children who have give statements could see him playing with it in the sand.
17 Pages(4250 words)Case Study
Medical Malpractice
This is the main point that will be addressed in the present paper as reflected in the chosen case. The litigation ruling under review pertains to the case of SHEILA WEBB versus TULANE MEDICAL CENTER HOSPITAL AND ABE ANDES, M.D. which underwent a full-blown trial.
8 Pages(2000 words)Case Study
Medical Negligence and Malpractice
Contrary to the will of Benny, Douglas obtains consent from Benny's parents to allow him to remove Benny's gallstone. At the operating room, Douglas removed Benny's gallstone without his personal consent. According to Bhat (2001), marketplace professionalism is a major factor for the advent of malpractice litigation.
12 Pages(3000 words)Case Study
In investigating the incident you, as Mary's attorney, obtain the personnel file of ABC relative to the manager who raped Mary. In reviewing this file you find that ABC hired the manager Rob without any kind of background check being performed. In addition, from questioning a high level manager at ABC, you determine that ABC Properties, Inc.
3 Pages(750 words)Case Study
Liability & Negligence
The seller or distributer of the aircraft would also have been liable for the pilot’s accident. Lastly, the insurer of the aircraft can also be found liable for the pilot’s
3 Pages(750 words)Case Study
Let us find you another Case Study on topic Medical negligence litigation for FREE!
Contact us:
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us