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16 Cards in this Set
- Front
- Back
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How do you prove neglience ? |
There are four esstenial compoents in negliences
Duty of care Breach of Duty Casuation Remotness of damage |
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How do you prove the duty of care ? |
You need to show that there is a existence of duty and the scope of duty
- neighbour principle of which law attach liabilities by the virtue of nurse patient relationship.
- the liabilities of which law attach is base on the three stage test where the foreesbilitiy , proximity and reasonbleness are considered
- the duty of nurse involve standard of care -> Bolam test (ordinary skilled man) |
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How do you show a breach of duty ? |
fail to provide standard of care that is considered to be reasonable aross the professional |
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What are some example of medical neglience ? |
Negliance of diagnosis
negalience in planning and prescribe treatment ~ communication between two physican
failure to warn
errors in treatment
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How do you prove causation of damage ? |
By casuation in fact -> damage was a direct result of the negligent act -> but for test on a balance of probilitiy
by casuation in law -> the action was the substnial and operative part of the damage , No other intervening event that could be true cause and could break the chain of event
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How do you prove remoteness of damage ? |
the damage was a foreseeble base on the knowledge of defendent . -> extent of harm by egg shell rule |
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What is the prima facie case |
The evidence to proof the damage was casued by defendent
the claimant has the burden of proof to show evdience of negligence |
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What is the res ipsa loquitur ? |
The thing speak for itself -> when there is no direct evidence to show defendant behavior |
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What three conditions are needed to establishes res ipsa loquitur ? |
the claimant was unaware of the casues
Occurence of the damage would not have had happened without the tortious act
the nurse had the responsibility i,e, had control of what casued damage |
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In what cases would medical negligence result in no course of action ? |
No harm done |
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what are some of the defenses against medical negligence |
Contributory
consent - need to be valid
voluntary assumption to risk (consent ) |
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what is contra proferentem ?
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vague words can be used against the imposer |
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What are two ways of which hospital can be sued for neglience ? |
breach of duty when hospital omit to do something or do something other hospital would not do |
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What is vicarious liability ? |
render one personally legally liable of anothers toritious act |
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What are the three conidtion needed for vicarious liability ? |
geniune employee acting during course of employment was indeed damaged by the defendant |
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How do you define course of employment ? |
To see if it is an authorized act and expected by the defendant to be carried out in ordinary duty
Unauthorized still need test for close connection a) outside the scope of employment and b) whether it is just and reasonble to hold employees vicarious liable |
