Premium Essay

Medical Negligence

In: Other Topics

Submitted By offuman
Words 2764
Pages 12
It is the expectation of the public that, agencies and Ministers of the Crown act fairly, consistently and transparently in making administrative decision. It is in line with these objectives that the public can obtain access to documents under Freedom of Information from various agencies.

Smith has the option to apply for internal review but since his access decision was made by the Attorney General personally he has no recourse to internal review. Other than that he would have 30 days to apply for an internal review and must notify the applicant within 30 days of receiving the application and it always better and quicker to apply for internal review before resorting to external review. Anecdotal evidence suggests that internal review can be quick, cheap and most likely can lead to a reversal of a decision.

You can appeal to your federal member of parliament in your constituency who may have contact with the Attorney General for assistance in this matter. Your MP would have a considerable influence if he and the Attorney General are in the same party and can possibly lobby on your behalf. This avenue should be last after judicial and merit reviews are finalised. Another subtle way is to appear or ring on a talk-on back radio to publicise your case to get into the ears and attention of the relevant authorities.

Mr Smith can apply to the Information Commissioner for a reviewable decision under section 54L of the FOI Act. He has 60 days after decision was given under s 26, s 54S (1). The original decision is deemed to have been affirmed within 30 days without extension of time. The conduct of Information Commissioner Review would be without formal hearing and would be decided on the basis of documents available; however, hearing can be arranged if information Commissioner thinks there is the need for it. Information commisioner’s

Similar Documents

Premium Essay

Essay On Medical Negligence

...Medical Negligence It was rightly said by Richard Seizer “If people understood that doctors weren't divine, perhaps the odor of malpractice might diminish.” For a patient, the doctor is like God. And, the almighty can never commit any mistake but that is what the patient thinks or believes. In reality, doctors are human beings. And, to err is human. Doctors may commit a mistake, but committing a mistake due to one’s own carelessness is defined as negligence. The Black law dictionary definition of negligence “conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of statue or valid municipal ordinance or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes”. Mistakes or Negligence in medical profession may lead to minor injuries or some serious kinds of...

Words: 2957 - Pages: 12

Premium Essay

Essay On Critical Analysis Of Negligence

...Critical analysis of negligence and present legal scenario Abstract- The goal of this topic is to set out clearly what critical analysis is in general and how it plays itself out in variety of domains. Critical analysis too refers to critical thinking. The danger of misunderstanding and misapplication is touched in this topic the aim of this topic is to identify a coherent legal response to a particular casual problem of “negligence” in critical analysis it is important to identify the focus of the assignment .critical begins with identify your own point to view Introduction The motto to look for negligence as a cause of action under the Law of Torts .conduct negligence is cause of the harm to plaintiff where as plaintiff was harmed or damaged. The concept of negligence comes from the liability for wrongful acts of others .There are many more important...

Words: 1997 - Pages: 8

Premium Essay

Darling V. Charleston Community Memorial Hospital Case Study

...Darling v. Charleston Community Memorial Hospital set the precedent for jurisprudence regarding hospital liability at a time when there were no other established cases of hospital negligence at a corporate level. The basis of the suit claims that an athlete who was evaluated and treated for an orthopedic emergency by a non-specializing physician through the ER ultimately lost his leg due to corporate negligence. According to McWay (2016, 2010), corporate negligence “recognizes that a health care organization, such as a hospital, owes a duty directly to a patient with regard to care and treatment” (pg. 78). In this case, the hospital did not meet its duty to the patient for several reasons. The physician on call was not specialized and therefore...

Words: 467 - Pages: 2

Premium Essay

Case Tim Clancy's Negligence

...A lawsuit was brought against Tim Clancy by Dianna Goad to recover damages from Clancy’s alleged negligence. While driving, Clancy fell asleep behind the wheel of his pickup truck, crossed the dividing line toward oncoming traffic, and collided with Dianna Goad and her motorcycle (Cheeseman, 2016). This accident severed Dianna’s leg above the knee, caused her to remain in a coma for two weeks, and cost her $368,000 in medical expenses alone (Cheeseman, 2016). In order to determine if Clancy was negligent, one must prove that Clancy owed and breached the duty of care, damages/injuries, and that Clancy was the actual cause (Cheeseman, 2016). Goad must be successful in proving Clancy’s negligence; otherwise, the case will be dismissed. According...

Words: 388 - Pages: 2

Premium Essay

Law and Healthcare

...1. Identify and explain the four elements of proof necessary for a plaintiff to prove a negligence case. To begin with, when people think of professional liability in healthcare, they usually think of medical practice, a form of negligence. Negligence by definition is known as one of the most common type of malpractice that exists in the healthcare industry. However, in order for a negligence case to be proven, four elements are necessary: Duty of Care, Breach of that duty, Injury and Causation, (J. W. Showalter, 2007). The first element, duty of care, requires all persons to conduct themselves as a reasonably prudent person would do similar circumstances. Generally, duty of care is a legal notion that states that people owe anyone around them or anyone who could be around them a duty to no to place them in situations of undue risk of harm. For example, physicians have a duty to protect patients from foreseeable dangers that could lead to any injury. In case of a surgery, they have a duty to make sure all equipment are in good condition, so it does not lead to injury while the procedure is done. They also have a duty to take preventive measures which create a safer environment. The second element, breach of that duty, requires expert testimony, which normally comes from the defendant’s fellow practitioners because they know the standards of practice best. For example, a specialist may testify about the standards for general practitioners if she is knowledgeable about...

Words: 2051 - Pages: 9

Premium Essay

Torts Ii

...Torts II Outline DUTY Medical Malpractice • Professional Standard of Care (Medical) o SOC: Doctors must meet the standard of care of an ordinary prudent physician that must have and use the knowledge and skill of a member of the profession in good standing. ▪ Does it help or hurt doctors? • Does impose burden → Must have knowledge, info and use • Does help → lesser standard or care → refers to only what doctors do ▪ How is it different than reasonable SOC? • (1) Must have expert testimony to establish SOC o Must be relevant to what doctors do ▪ Cannot give % of risk of conduct or “What I would do” ▪ Will not get to jury o Exception → Do not need expert testimony for things apparent to laymen or gross negligence • (2) Custom Sets Standard → Different than T.J. Hooper where Custom does not set standard → Only way to prove is with expert testimony ▪ “HONEST MISTAKE” • Disfavored → Few will instruct jury of “honest mistake” • Some courts do not admit apologies as evidence o Locality Rules (3 Approaches → Split of Authority→ Minority Approach) ▪ (1) Local SOC → Used to be generally → The expert must know the SOC in their exact locality ▪ (2) Modified Locality SOC → The testimony is sufficient if the expert knows the SOC that is same or similar to locality in which the practitioner practices → General rule but not for specialist. ▪ (3) National Locality SOC → Every practitioner held...

Words: 1009 - Pages: 5

Premium Essay

Pt1420 Unit 2 Essay

...the innkeeper is responsible for the reasonable care and safety of the attendees in the swimming pool, according to the Rule 10D5.81(1) of the Department of health and Rehabilitative Services. The main discussion in court could be that the innkeeper does not prevail due to its negligence per se. Therefore, Mrs. Downey should file a claim, considering that she did not contribute in any way to be injured. Moreover, one can assume that she was badly injured considering that she was hospitalized for three days. However, to be completely fair, the innkeeper should argue that the Mooney twins ‘parents also failed to closely supervise their children and that as a consequence they should share liability under the Comparative Negligence Clause. Even though the argument will have a substantive weight during the trail or mediation process, there is the fact that the twins blatantly ignore the warning sign and...

Words: 1700 - Pages: 7

Free Essay

Negligence

...| | ASSIGNMENT COVER SHEET(adapted for LAW1100 major essay submission purposes) | UNITCode: LAW1100TITLE: Legal Framework I | NAME OF STUDENT (PRINT CLEARLY) fisher shane FAMILY NAME FIRST NAME | STUDENT ID. NO.10104032 | NAME OF LECTURER (PRINT CLEARLY)brad moore | DUE DATE18/4/2011 | Topic of assignmentDuty of Care IN THE LAW OF NEGLIGENCE | Group or tutorial (if applicable)      | Courselegal framework 1100 | Campusmt lawley | I certify that the attached assignment is my own work and that any material drawn from other sources has been acknowledged. Copyright in assignments remains my property. I grant permission to the University to make copies of assignments for assessment, review and/or record keeping purposes. I note that the University reserves the right to check my assignment for plagiarism. Should the reproduction of all or part of an assignment be required by the University for any purpose other than those mentioned above, appropriate authorisation will be sought from me on the relevant form. | OR, if submitting this paper electronically as per instructions for the unit, place an ‘X’ in the box below to indicate that you have read this form and filled it in completely and that you certify as above. Please include this page in/with your submission. Any electronic responses to this submission will be sent to your ECU email address (or, where relevant, the digital dropbox for the Blackboard site for LAW1100).Agreement X ...

Words: 3381 - Pages: 14

Premium Essay

Employer Duty of Care

...employer. When the employee signs a contract is willing to be bound and give the employer the best of his work. Most important the employee is supposed to follow all lawful and clearly given command of his employer and any difference or negligence of duty is punishable under law as well. In other words, the employee is bound by rules and regulations at his workplace and it could be liable for a penalty or punishment in case of violation of any kind. The employer is also bound to provide certain workplace conditions to the employees and the employer needs to give clear instructions to his employees to avoid errors. Thus both employee and employer should perform their part of duty in the best interest of the business and attract more customers. In Longmeid v. Holliday, the distinction is recognized between an act of negligence imminently dangerous to the lives of others, and one that is not so. In the former case, the party guilty of the negligence is liable to the party injured, whether there be a contract between them or not; in the latter, the negligent party is liable only to the party with whom he contracted, and on the ground that negligence is a breach of the contract (6 Ex 761, 155 ER 752). Every man who, by his culpable negligence, causes the death of another, although without intent to kill, is guilty of manslaughter. (2 R. S. 662, § 19.) A chemist who negligently sells laudanum in a phial labeled as paregoric, and thereby causes the death of a person to whom it is...

Words: 1799 - Pages: 8

Premium Essay

Tort Law

...QUESTION. “The law tampers with the But for test of causation as its peril.” -Lord Brown; Sienkiewicz v Greif (UK) Ltd (2011) The Bust for test of causation is said to be fraught with difficulties. How has the law developed to overcome these difficulties? INTRODUCTION Negligence in the law of tort is the failure to exercise the care that a reasonably straight person would exercise in such like circumstances. In tort law, this area of negligence involves harm caused by carelessness and not by intention. The tort of negligence structures a standout amongst the most element and quickly changing zones of obligation in the present day law. Its rise in the 20th century shows the pressure of the social and economic changes on the traditional ways of legal redress for interference with protected interests. The reasonable structure of carelessness is very adaptable and fit for general application. These components have permitted the courts to use the tort in the setting of novel cases for pay. On the other hand, the development of carelessness has not supported the extension of risk and throughout the years, courts have been putting a few limitations on this degree. The tort of carelessness does not right now appear to be set upon some foreordained way of growth as it once had all the earmarks of being. The modern history of tort law started with the groundbreaking judgment of Lord Atkin in Donoghue v Stevenson where Mrs Donoghue went to a cafe with a friend. The friend...

Words: 4638 - Pages: 19

Premium Essay

Unit 2 Part 1

...Unit 2 Part 1 Shamica Jones Kaplan University Business Law September 1, 2013 The factors that indicate whether Davis owed Esposito a duty of care, so as to avoid allegations of negligence consist of three basic elements. “They are: 1. The likelihood that Davis’ conduct will injure others, taken with 2. The seriousness of the injury, if it happens, 3. Balanced against the cost of the precaution he must take to avoid the risk of negligence. . If the product of the likelihood of the injury exceeds the burden of the precautions, the risk is unreasonable and the failure to take precautions is negligence.” The Louisiana law that set precedents over trip-and-fall cases was Frelow v. St. Paul Fire & Marine Ins. The ruling in this case was that Louisiana law recognizes a legal duty on the part of employees to exercise reasonable care not to obstruct the flow of pedestrian traffic. Esposito was walking out of an exit of an arts and crafts show when Davis, an employee of the show’s producer decided suddenly to turn, without warning, and knock Esposito to the ground. One witness account said, “It appeared as if Davis had forgotten something because he snapped his fingers while quickly turning”. Davis admitted that he did not look when he turned. These factors indicate that Davis was negligent. It was the show’s producers’ responsibility to make sure that precautions were taken to avoid risk on the property. Esposito had to prove that Davis...

Words: 811 - Pages: 4

Premium Essay

Tort Reform

...Tort Reform All humans on this earth, whether they live in a crowded city, a sparsely populated farming community, a developed or developing nation or a small tribe in the rainforests of the Amazon, have some way by which their civilization is led and regulated for the safety and comfort of its inhabitants. People living together in near proximity need some sort of social control to regulate conduct and relations be it by laws or morals or both. Ivan Nuy, an author who developed the Social Control Theory in 1958, proposed that there are four types of social control: Internal, Indirect, Control with Needs Satisfaction and Direct. Social Control Theory proposes that people's relationships, commitments, values, norms, and moral beliefs encourage them not to break the law. Thus, if moral codes are internalized and individuals are tied into, (their) community, they will voluntarily limit their propensity to commit deviant acts. [ (Nuy, 1958) ] Law is needed for when comfort, morals and disapproval fail to prevent undesirable acts against people in a society. In our country’s system, we have two main types of classifications for justice, civil law and criminal law. Criminal law, under public law, covers laws and regulations that aim to protect all members of the society. Its emphasis is on punishment. Criminal offenders are prosecuted by government officials, who must provide “the burden of proof” to prove the guilt of the defendant beyond a reasonable, doubt, usually a district...

Words: 1694 - Pages: 7

Premium Essay

The Developments of 'Wrongful Birth' and 'Wrongful Life' in the Uk and Australia

...raising a child. In recent years several major cases have come before English and Australian courts to address issues in this field; however decisions have been far from unanimous, leaving the law in a state of ambiguity. This paper attempts to provide a line of clarity in respect to the developments of legal principles and public policy on these issues, by closely examining relevant case progression and wider academic debate. (III) Development of the ‘Birth Torts’ Unfortunately, the labels of ‘Wrongful Birth’ and ‘Wrongful Life’ are contentious even in their very existence; however it is critical to establish that ‘what is ‘wrongful’ is the negligence, not the birth’. Both issues refer to cases of medical negligence and as such it is necessary to debunk the clear legal principles from the fraught moral aspects of this issue. Negligence is a fairly simple equation in purity; requiring firstly an assessment of whether a duty of care is reasonably expected of a person in a...

Words: 1829 - Pages: 8

Premium Essay

Law Homework

...Explain each of the elements that are necessary to prove a case of "negligence". There are four elements that are necessary to prove a case of “negligence”. The first is to establish a legal duty of care. The plaintiff must prove that the defendant owed them a legal duty of care. The second element is to prove that the legal duty of care was breached. After providing evidence of how the defendant owed the plaintiff a legal duty of care they must then prove how that duty of care was breached by the defendant. The third element is causation. At this juncture the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of duty of care. The fourth and final element is proof of damages. At this point the plaintiff must prove that he or she has suffered damages as a result of the breach of duty of care. The damages can cover medical expenses, lost income, as well as pain and suffering. 2. Explain the difference between the defense of contributory and comparative negligence and how applied. Contributory negligence is a defense claim that applies to cases wherein the plaintiff, through his own negligence, contributed to the harm he suffered and for which he is seeking damages. Comparative negligence differs in that it is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim. 3. Explain the elements of a defamation case and why...

Words: 394 - Pages: 2

Premium Essay

Business Torts

...how the liquid substance reached the floor. Tom argued that Kresge’s is liable for her injury because it occurred as a result of a condition created by the store’s "mode of operation." She also contends that the store should be held liable because the accident-causing condition had existed for such a length of time that in the exercise of ordinary care, Kresge’s should have known of the condition and taken action to remedy it. She also argued that there was enough evidence of careless general practices from which the jury could infer that the store was negligent despite having no notice of the particular condition that caused her injury. The tort of negligence, which Tom based her case on, is based on the existence of a breaking of the duty of care owed by one person to another. A typical formula for evaluating negligence requires that a...

Words: 1913 - Pages: 8