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8 Cards in this Set
- Front
- 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 |
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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) |
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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 |
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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 |
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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 |
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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 |
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How to avoid negligence |
1. Practice appropriately 2. Provide information 3. Keep accurate and complete records |
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How are complaints dealt with in the NHS? |
1. Locally - PALS 2. Via independent review 3. Via the ombudsman |