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8 Cards in this Set

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  • Back

What are the three components of negligence?

1. There was a duty of care




2. There was a breach of the duty of care




3. Injury/loss as a result of breach of duty of care

How does a doctor breach their duty of care?

BOLAM TEST




A doctor can not be found guilty of a breach of duty of care if they have acted in accordance with a responsible body of other doctors




If the act is clearly unreasonable/illogical to a non-medic this can be overridden (common law 2007)

How does one prove that injury/loss is a result of a breach in the duty of care?

But for principle




the injury would not have occurred but for the breach of duty




this is often hard to prove in practice

How is negligence viewed by the law?

It is a form of tort or civil wrong-doing




The plaintiff can sue the defendant for past/current/future loss

How to deal with a medical error

1. Report the error and tell a senior




2. Document the incident in the notes




3. Inform and apologise to the patient - Duty of Candour




4. Learn from the error

Duty of Candour (NHS 2014 contract)

Doctors have a statutory duty of candour to apologise for and report any incidents that lead to moderate or severe harm




Moderate - significant non-permanent harm


Severe - permanent harm or death

How to avoid negligence

1. Practice appropriately




2. Provide information




3. Keep accurate and complete records

How are complaints dealt with in the NHS?

1. Locally - PALS




2. Via independent review




3. Via the ombudsman