Health Sciences 2711A/B Chapter Notes - Chapter VI: Wrongful Death Claim, Adversarial System, Doctors Of Bc

• School: Western University
• Department: Health Sciences
• Course: Health Sciences 2711A/B
• Professor: Marie Savundranayagam

Document Summary

Two meanings of negligence: broad meaning a branch of tort law (made up of 6 elements, narrow meaning whether the defendants conduct breached the standard of care. Negligence liability applies to the full range of professional conduct. Negligence is the failure to exercise that standard of care expected of a reasonable person in all the circumstances of the case (negligence = careless or substandard care) It is important to distinguish between negligence and errors in judgement. The issue is not whether a decision proved to be wrong in hindsight, but rather whether the decision was reasonable in light of all the circumstances of the case. Appeal: allegation of negligence generally made in terms of a specific act, diagnosis, or decision, the fa(cid:272)t that a hcp"s (cid:272)o(cid:374)du(cid:272)t o(cid:374) o(cid:374)e o(cid:272)(cid:272)asio(cid:374) (cid:449)as (cid:374)eglige(cid:374)t does(cid:374)"t (cid:373)ea(cid:374) he/she is incompetent. All negligence involves the same 6 issues.