Healthcare Law And Breaches Of Duty Of Care

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This essay is going to talk about healthcare law and breaches of duty of care. Healthcare law is generally tort law. A “tort” is a legal wrong that the law provides a remedy for. The person that suffers the injury is known as the plaintiff and the person said to of caused the injury is known as the defendant or tortfeasor. Tort law originates from the time of the norman conquest in 1066. Tort law is a type of civil law and tortious wrongs are known as civil wrongs. Tort covers a range of things from trespass to negligence. Negligence is the most common area of tort law that healthcare professionals will come across. The tort of negligence is the term used to categorise behaviour that poses substantial risks to other people and property.…show more content…
The case reached the house of lords where mrs donoghue won the case. This was probably due to the fact that safety measures should be in place to prevent such instances from occurring. These safety measures could be something as simple as checking the product before sending it off to be sold. The Bolam test comes from the Bolam v Friern hospital management committee (1957) in which a patient suffering from manic depression was recommended ECT (electro-convulsive therapy). The patient wasn’t fully informed of the side effects of the treatment and the patient suffered a broken pelvis as a result. Bolam attempted to sue on the grounds that they failed to gain informed consent and that it was a breach of a duty of care that was owed to him and that the breach resulted in his injury. The three above points regarding informed consent and injury are now the components of the Bolam test. The Bolitho test modified the Bolam test and arose from the Bolitho v city and hackney health authority case in 1998. This case tried to clarify how a two year old died following a cardiac arrest that resulted in brain damage. The two year old was admitted to hospital due to breathing difficulties a doctor was called but did not attend due to her bleep not working. The
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