Health Sciences 3101A/B Study Guide - Final Guide: Professional Negligence In English Law, Saint John Regional Hospital, Health Professional
5 Dec 2016
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Two meanings: broad: a branch of tort law, narrow: breach of the standard of care. Negligence liability applies to the full range of professional conduct. Not liable in negligence bc the patient dies, the operation fails or the decision was wrong. Negligence is the failure to exercise the standard of care expected of a reasonable person in all the circumstances of the case (negligence = careless or substandard care) Negligence (liable) v. errors in judgment (not liable: musta c v. smith (g) Musta c was a voluntary patient in a psychiatric facility, suffered from mild depression and anxiety. Physician gave him day passes, second visit home to his family, shot his kids, and himself, injuring one. Mother sued the dr, alleging that he had breached standard of care in issuing her husband day passes, given that no nal diagnosis had been made. Trial judge; psychology and psychiatry are inexact sciences , practitioners cant be held to a standard of infallibility.
