Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Negligence / Med Neg

  • 04-12-2007 9:55pm
    #1
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭


    If a doctor does something that is ordinarily negligent, e.g. trips and knocks a dangerous object onto the plaintiff, can the plaintiff sue in basic donoghue v. stephenson rules, occupier's liability etc, or can the defendant force the plaintiff to meet the higher tests for Medical Negligence.


Comments

  • #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Would be Ad quod damnum and according to the precise facts at issue in the case. Occupiers Liability might apply if a building fault caused the knock or the dangerous object was part of the building.

    Medical negligence would not apply in the precise example in my mind. Although I believe there is realtively inconclusive argument over standards in the Dunne case.


  • #3
    Nevyn
    Closed Accounts Posts: 43,045 ✭✭✭✭Nevyn


    What if the object was a piece of medical equipemnt ?


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Thaedydal wrote: »
    What if ...

    Well then potentially.


  • #5
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Thaedydal wrote: »
    What if the object was a piece of medical equipemnt ?

    Or, since we've turned our backs on the "why is no-one suing the HSE over MRSA" crowd, what if it was a normal item (soap, mop, etc) that was placed in a hospital, but which ought, on the basis of best medical practice, have been properly cleaned?


  • #6
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    My view is that the accidental 'ordinarily negligent' scenario etc. falls too far outside the realm of medical negligence for the higher standard to be applied. It doesnt seem to be relevant to tie into the liability test - "that the practitioner was guilty of such failure that no practitioner of equal status would have failed ..." Falling just isnt part of medical practice :D


  • Advertisement
  • #7
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Rhonda9000 wrote: »
    My view is that the accidental 'ordinarily negligent' scenario etc. falls too far outside the realm of medical negligence for the higher standard to be applied. It doesnt seem to be relevant to tie into the liability test - "that the practitioner was guilty of such failure that no practitioner of equal status would have failed ..." Falling just isnt part of medical practice :D

    I take your point. But what about a situation where a surgeon leaves his watch inside a patient. On the one hand this is common negligence, on the other it is a well established medical mishap, arguably a risk with any medical proceedure.


  • #8
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Matter of timing I'd have thought!


  • #9
    Rhonda9000
    Closed Accounts Posts: 451 ✭✭Rhonda9000


    johnnyskeleton wrote: »
    I take your point. But what about a situation where a surgeon leaves his watch inside a patient. On the one hand this is common negligence, on the other it is a well established medical mishap, arguably a risk with any medical proceedure.

    Indeed... Its a fine line but leaving a watch in somebody is part of the treatment / diagnosis and feeds -more comfortably- into the subset of medical neg. On the other hand, falling and the susequent injurious accident is detached from a [botched] treatment or diagnosis?


Advertisement