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Level 11

Medical Negligence


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Wilsher v Essex Area Health Authority
A junior doctor must meet the standard of a reasonable doctor.
Bolam v Friern Hospital Management Committee
'A doctor is not guilty of negligence if he has acted in accordance with a practice accepted by a reasonable body of medical men skilled in that particular art.'
Bolitho v City and Hackney Health Authority
A court may find a doctor negligent if it finds the medical expert's opinion to be unreasonable.
Mahon v Osbourne
Res ipsa loquitur.
Ratcliffe v Plymouth and Torbay Health Authority
If a doctor can prove that he took reasonable care, this may dissuade the judge from inferring negligence when there is no other explanation.
Barnett v Chelsea and Kensington Hospital Management Committee
'But for' test in medical negligence.
Wagon Mound
Remoteness of damage in medical negligence.
Wilsher v Essex Area Health Authority
If there were multiple possible causes, the C must prove on the balance of probabilities that the doctor's negligence caused the injury.
Gregg v Scott
'Loss of chance' cases are unlikely to be successful.
Chester v Afshar
A doctor has a duty to inform his patients of the risks of surgery.