Health Sciences 3101A/B Study Guide - Final Guide: Professional Negligence In English Law, Contributory Negligence, Saint John Regional Hospital

91 views28 pages

Document Summary

Two meanings of negligence: broad meaning a major branch of tort law, narrow meaning a breach of the standard of care. Health professionals can be held accountable in negligence for acts that arise in any aspect of their professional responsibilities. Not liable in negligence because 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 v. errors in judgment: mustafic v. smith (g). Physician thought he suffered from mild depression/anxiety but needed more observation. Mustafic was voluntarily admitted to a psychiatric facility. Ne(cid:454)t da(cid:455), do(cid:272)to(cid:396) ga(cid:448)e hi(cid:373) da(cid:455) passes to lea(cid:448)e fa(cid:272)ilit(cid:455) (cid:271)/(cid:272) he"s a (cid:448)olu(cid:374)ta(cid:396)(cid:455) patie(cid:374)t. At home, he shot both his kids then committed suicide. Child(cid:396)e(cid:374)"s (cid:373)othe(cid:396) sued doctor for breaching standard of care b/c no final diagnosis was made.