Questão | Responda |
Chatterton v Gerson | Mrs Chatterton suffered intractable pain as a result of a trapped nerve following a hernia operation. Dr Gerson performed surgery to relieve the pain but resulted in permanent immobility of her right leg. Mrs Chatterton claimed that she should have been informed of the risks and claimed in battery. The judge found her to have been broadly informed and consented so it could not amount to battery but negligence. Also doctors ‘ought to warn...if there is real risk’ |
Re: T | T (minor) who was pregnant, was in a car crash. She needed a caesarean Her mother was a Jehovah’s witness She convinced her daughter not to take a blood transfusion She didn’t need the transfusion but later her state deteriorated Her earlier refusal was no longer applicable. They decided that T was being too influenced by her mother and so disregarded her refusal |
Mr B | Case discussing the right of a competent patient refusing treatment. Tetraplegic, on ventilation, did not want the ventilation, her case was to determine her competence and refusing treatment Patient's have the right to refuse treatment if they have mental capacity |
R v Arthur | Mrs Rogers almost blind in one eye, she asked her ophthalmic surgeon about possible complications if she had an eye operation on her bad eye but did not ask whether her good eye might be affected. Her surgeon did not tell her that the risk to her good eye from sympathetic opthalmia was 1:14000. The operation made her blind in her good eye. Australian court rejected the Bolam test and held the surgeon liable. |
R v Carr | Carr was charged with murder of terminally ill adult after he administered a massive dose of phenobarbitone. Carr was acquitted but judgement held that ‘every patient was entitled to every hour that God had given him, however seriously ill he might be’. |
James Wisheart | Bristol baby heart stealing |
Richard Neale | Consultant gynaecologist who botched operations on women over more than a decade |
Sally Clarke | Clark's first son died suddenly within a few weeks of his birth in 1996. After her second son died in a similar manner, she was arrested in 1998 and tried for the murder of both sons. Her prosecution was controversial due to statistical evidence presented by pediatrician Professor Sir Roy Meadow, who testified that the chance of two children from an affluent family suffering sudden infant death syndrome was 1 in 73 million, which was arrived by squaring 1 in 8500 for likelihood of a cot death in similar circumstance.Calculating risk |
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