Torts 2 Week 9

The medical practitioner/patient relationship is a recognised category of duty

• True

• False

What is involved in the medical practitioner/patient duty?

• The relevant duty of care is to exercise reasonable care and skill in respect of examination, diagnosis and treatment of the patient

• The relevant duty of care is to exercise reasonable care and skill in respect of examination, diagnosis and treatment of the patient and in the provision of information

What is a material risk?

• A reasonable person in the plaintiff's position, if warned of risk, would be likely to attach significance to it

• A reasonable person in the plaintiff's position, if warned of risk, wouldn't be likely to attach significance to it

• If the patient is or should reasonably be aware that the particular medical practitioner, if warned of the risk, would be likely to attach significance to it

• If the medical practitioner is or should reasonably be aware that the particular patient, if warned of the risk, would be likely to attach significance to it

The court said in Chappel v Hart, the Dr should have known from her questions that she would attach significance to the risk and thus it was material under the...

• Chappel test

• Lown test

• Hargrave test

• Rogers test

Failing to warn a patient is under what section of the CLA?

• s 22

• s 9

• s 10

• s 21

What are some areas where proving causation in medical negligence is an issue?

• Evidential difficulties

• Failure to warn

• Loss of chance

Where the defendant's negligence consists of a failure to warn the plaintiff, the plaintiff must establish on the balance of probabilities that they would have responded to warning in such a way as to avoid the danger. Which case is this from?

• Chappel v Hart

• Rogers v Whitaker

• Rosenberg v Percival

• Neal v Ambulance Service of New South Wales

Tabet v Gett held you could recover for loss of chance

• True

• False

A professional does not breach a duty arising from the provision of a professional service if it is established that the professional acted in a way that, at the time the service was provided, was widely accepted by peer professional opinion by a significant number of respected practitioners in the field as competent professional practice

• True

• False

A claim brought by the parents for the cost of raising either a healthy or disabled child that was unplanned and was the result of medical negligence. This is wrongful...

• birth
• life