StudentShare solutions
Triangle menu

Medial Law: The Liability in Medicine - Essay Example

Not dowloaded yet

Extract of sample
Medial Law: The Liability in Medicine

Therefore a breach of duty has also occurred and what this means is that the expressed or implied contract between this doctor and patient has been violated (Brooten 1987, p. 1). For example when Dr. Evil failed to read any of the instructions about the medication that he prescribed to the patient he violated the contract of duty between himself and the patient. This shows extreme negligence on his part and the tort law that covers this area would define this as being valid and providing burden of proof.
Due to the fact that negligence has become such a profound problem within the field of medicine in the UK in the past decade the tort laws have become very strict on the specific care of patients as well. Therefore, in today's society, it is found that the GP's duty is fundamentally suppose to provide reasonable and dignified care, skill and judgement in the basic practice of his or her profession and when negligence does appear then they are suppose to take full responsibility for the adverse outcomes placed onto the patient in their care. Dr. Evil will thereby have to answer for wrongfully not following the guidelines that were implied in the drug combination he gave to his patient.
This case is somewhat similar to Adderly v. Bremner which defined the GP in this case as being negligent in not having changed syringes to vaccinate 38 patients. What occurred instead was the GP used one main needle for every two patients which promoted the idea of liability onto this GP. This is due to the fact that some of the patients were infected with septicaemia (blood poisoning) due to this judgemental error by the attending GP. It also defines the fact that the GP did not provide the required standard of care that was expected of him by the patients. In retrospect it would seem that any reasonable GP would have in fact changed the syringes after each patient to avoid the adverse consequences which transpired. Therefore the GP only has himself to blame for the negativities that arose out of this case (Picard, 1984, p.25). Furthermore, according to the information within the case the GP did not follow the instructions that accompanied the vaccine, which provided emphases onto the fact that a sterile needle and syringe were required to be utilized for each patient. There in this case shows a perfect example of how a GP who does not follow orders illustrates un-professionalism and thereby places a hardship on innocent patients. Dr. Evil is just as guilty as this GP as he followed similar steps which lead to an adverse outcome for his patient so therefore he can face severe penal consequences according to the tort of laws (Brooten 1987, p. 1).
Case 2: Treatment of Gwyneth through Dr. Smith
This particular case finds that regardless of Dr. Smith's inexperience in caring for patients he sill should have had the required knowledge and expert skills to properly treat this patient. GP's or Emergency room doctors are ran through a battery of extremely difficult medical tests to ensure that they have acquired the necessary medical skills that they need to treat people efficiently and with high quality care. Dr. Smith apparently fell through the loop holes of the educational system and therefore this patient was left to ...Show more

Summary

Within the framework of this particular medical case Dr. Evil is indeed guilty of medical negligence. This is of course relative to the care of this patient from the doctor himself. What has transpired in this case is also known as "malpractice" which is derivative of medical negligence…
Author : marjoryschroede
Medial Law: The Liability in Medicine essay example
Read Text Preview
Save Your Time for More Important Things
Let us write or edit the essay on your topic
"Medial Law: The Liability in Medicine"
with a personal 20% discount.
Grab the best paper

Related Essays

Law and medicine: Informed consent, battery and mistaken identity
From this research it is clear that patient autonomy and shared decision-making between patient and physician would eliminate chances for medical malpractice. They will also help to achieve optimally beneficial outcomes for patients, while supporting physicians against liability and legal charges.
22 pages (5500 words) Essay
Marine Liability Insurance and Law
Cargo carried by both ships has also been partly damaged. Parts of both ships have also been damaged. MV Puffin’s oil tanks have not been damaged and there is no flooding. Therefore, it is proceeding to Singapore for repairs, and it will request tug assistance on arrival.
12 pages (3000 words) Essay
Product Liability Law
Indeed, at least two United States Courts of Appeals have been unable to predict whether a state's Supreme Court would follow the Restatement (Third) as it pertained to a point of unsettled law in that state.2 Nevertheless, the federal courts' preliminary references confirm the significance of ALI's product and lend support to our belief that the Restatement (Third) will have a significant influence in establishing a more uniform national products liability law.
12 pages (3000 words) Essay
The Law on Occupiers Liability
This is best explained in the following case of, Donoghue v Stevenson, 1932: whereby, a man bought a bottle of ginger-beer from a retail shop for his girlfriend. The manufacturer had bottled the substance in opaque bottle, so that its contents could not be seen.
18 pages (4500 words) Essay
Company Law liability
Sole Trade is suitable when the business is small in nature and the business activities very limited. When the business is started with Sole Trade. In this form of business the Sole Trader is liable for any loss to the business and Debts of business. Either profit or loss is born by the Sole trader only.
15 pages (3750 words) Essay
Criminal Law Liability
First postulated by Fitzjames Sephen in his Digest of the Criminal Law1, this principle has remained quite strong. In general, the law punishes people for what they do, it does not punish them for what they do not do. If, however, the person seeing the child drowning was his mother or father than he/she would be legally obligated to intervene because of a parent's duty to care for his children.
12 pages (3000 words) Essay
(business law) occupiers, liability ACT
A visitor is a person who is present on the premises, either lawfully or unlawfully. Unlawful visitors, who are known as trespassers, were
5 pages (1250 words) Essay
Medical law
Negligence by a doctor such as Dr. Evil is a tort and a tort is a civil wrong which therefore makes this doctors actions a civil wrong against the patient. For example, in regards to the doctors duty in this case, it can be perceived that there was not a
4 pages (1000 words) Essay
Liability of Law Enforcement Officers
In both cases, the Supreme Court ruled that the police had immunity in such cases. The two cases are discussed in this paper with relation to liability of law
1 pages (250 words) Essay
Federal Liability Law
This organization was founded in 1865 by a group of United Veteran. The chief objectives of this organization were to prevent the black African Americans from voting by annoying and
4 pages (1000 words) Essay
Get a custom paper written
by a pro under your requirements!
Win a special DISCOUNT!
Put in your e-mail and click the button with your lucky finger
Your email
YOUR PRIZE:
Apply my DISCOUNT
Comments (0)
Rate this paper:
Thank you! Your comment has been sent and will be posted after moderation