Difficulty in proving causation: The complication with respect to causation arose because the patient admitted that she would have still undergone the surgery even if she had been warned about the risks of paralysis which unfortunately materialized during the medical procedure.
Even the judges in the majority acknowledged that the traditional causation requirement had not been satisfied in this case. For example, if a condition is misdiagnosed, the treatment that follows is based on the wrong diagnosis.
In recent years, the English legal system has recognized that a very strict application of the causation requirement can result in injustice An essay on clinical negligence the patient and therefore there have been gradual moves towards a relaxation of this requirement.
In English law, negligence actions for negligent misinformation have seen this tension expressed as a strong dissent by Lord Scarmen in the case of Sidaway v Bethlem Royal Hospital Governors35, and then as a weakening of the causation rule in Chester v Afshar.
Such an action would be more akin to an action in battery. Although his doctor failed to meet the requisite standard pf care in treating him, this did not in itself cause any harm to the patient. The approach can be seen even more controversially in the case of Chester v Afshar6, which Charles Foster has made his comment on as mentioned.
Secondly, because the claimant must prove that the inadequate disclosure caused her injury, cases only come before the courts where the patient has not been informed about the risk of an adverse outcome which has then materialized.
Chester v Afshar  4 A11 ERparagraph 9. It could be recalled in this case the doctor failed to attend the patient but argued that, if she had indeed attended, she would not have provided the treatment intubation which could have save the child. What is it and what are the first steps to take if you suspect negligence?
It is also counterintuitive to think that because the patient may run the risk in the future- by agreeing to and having the procedure- the negligence is not connected to her injury.
Most of this occurs out of court. Depending on the particulars of the case, it may wind up in court. If the patient catches the error before ingesting the wrong medicine and no harm results, then a medical negligence claim cannot be fully established.
As Marjorie Maguire Shultz33 explains, negligently depriving the patient of choices will rarely result in the sort of damage or injury which is recognized in tort law: In addition, a wrong diagnosis could cause further harm in that inappropriate treatment may cause further harm.
Informed consent therefore becomes a route for patients to seek financial compensation for unfortunate but blameless medical outcomes.
However, remember that the patient must suffer harm as a result of the negligence. On the one hand, there exists a reasonable principle that a person should not be held liable for damage which he did not cause.
If the defendant had warned her about the risks, she would not have that particular operation- she would have had an operation with the same risks at a later date. The structure of a claim in clinical negligence is simply the wrong one to protect a fundamental interest like self-determination and the strain is telling.
Doctors who exercised all reasonable care and skill in performance of an operation will be found liable for the consequences of an accident which they could have done nothing to prevent just because their pre-operation disclosures were inadequate. Andrew Grubb26 argues that the majority in Chester made the right decision: On policy grounds therefore I would hold that the test of causation is satisfied in this case.
Examples of Medical Negligence: If the doctor fails to do so and proceeds with a treatment that causes harm to the patient, the patient may have a legitimate medical negligence claim.
She agreed to undergo the surgery in ignorance of its risks and true nature. The question of whether a doctor should be liable for a failure to disclose a risk is more accurately stated as whether she should be liable for creating the situation in which an accidental injury might or might not occur.
Regardless, the first step is to obtain legal representation.
The majority awarded Miss Chester full damages for physical injury, despite the fact that their judgments describe the real loss in this case as the deprivation of the right to make an informed choice. This implies that it was considered by the court at all is an indication that, if some serious harm has occurred, the courts will take into considerations the entire circumstances of the case before coming to the conclusion as to whether the causation requirement has been satisfied.
Making a mistake during an operation or procedure — Imagine going into surgery to have your left foot amputated due to an uncontrollable infection and waking up to find out that the surgeon amputated your healthy right foot by mistake. However, the majority went on to state that, for policy reasons, the traditional rules of causation ought to be relaxed to allow the claimant to 6.
Medical mistakes during treatments and procedures are a prime example of medical negligence. The question is whether one would have taken the opportunity to avoid or reduce the risk, not whether one would have changed the scenario in some irrelevant detail.
It would undermine the rule and be unjust for a doctor to require a patient to show that she would never have a particular procedure in the future.
NHS trusts, primary care trusts, and private hospitals may also be held liable for the negligence of their medical staff. The adaptation of the causation requirement in Chester v Afshar has been the subject of considerable debate and criticism. These are all examples of potential medical negligence.The Medical Negligence Case Law Medical Essay.
Medical Negligence & Negligent Misstatement. Group Members: Ng Kah Siang / J Course Code: LAW N1 Medical negligence or malpractice is defined as the failure or deviation from medical professional duty of care such as a failure to exercise an accepted standard of care in.
This is not an example of the work written by our professional essay writers. Is the Bolam test still a significant part of medical negligence. The doctrines of paternalism and autonomy are constantly at loggerheads within clinical negligence cases.
A discussion of the two polarities is imperative to efficaciously evaluate the essence of. An Essay on Clinical Negligence “We have always thought of causation as a logical, almost mathematical business. To intrude policy into causation is like saying that two plus two does not equal to four because, for policy reasons, it should not.” (Charles Foster NLJ 5/11/ page ).
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Free Essay: An Essay on Clinical Negligence “We have always thought of causation as a logical, almost mathematical business. To intrude policy into causation. 7 Examples of Medical Negligence. by Guest injury law blogger on August 27, Also called “clinical negligence,” medical negligence is a breach of a legal duty of care owed by healthcare providers to their patients which results in harm to the patient.
Examples of Medical Negligence.Download