Standards of care & Breach of statutory duty

Just throwing out a couple of nuggets as reminders to all professionals of the basic standards expected of us all.

FB (SUING BY HER MOTHER & LITIGATION FRIEND WAC) v PRINCESS ALEXANDRA HOSPITAL NHS TRUST [2017] EWCA Civ 334, 12/05/2017

The case concerns the mis-diagnosis of pneumococcal meningitis as  a respiratory tract infection in a 13 month old in circumstances where permanent brain damage and deafness could have been avoided had the correct diagnosis been made at first presentation.  An issue arose as to whether there was a difference in the standard of care required of a SHO compared to a more senior professional/consultant in taking a patient’s history.   It was determined that an SHO had breached her duty of care when failing to ask the parents why they had brought their child to A&E in the early hours of the morning and that history taking was a basic skill.

It is most likely accepted by both parents and medical professionals that many attendances at A&E turn out to be none-serious.  However, this is a reminder that professionals should always elicit from a full history and have regard to the circumstances of the particular situation.

SANDRA MARIA CORREIA v UNIVERSITY HOSPITAL OF NORTH STAFFORDSHIRE NHS TRUST [2017]CA (Civ) 12/05/2017

This case concerns issues of negligence and causation in circumstances where the Claimant had undergone surgery for a benign tumour.  It was found that surgery had been negligent, but that such negligence was not materially contributing to her ongoing pain.

That’s all for now folks; happy reading!!

 

 

 

 

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