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Thursday, September 26, 2019

Medical Law Problem Essay Example | Topics and Well Written Essays - 2250 words

Medical Law Problem - Essay Example The doctor, as a responsible professional, should have thoroughly examined the injured Charles. However, he failed to do so. Based on Charles’ statement regarding pain in his leg, the doctor had proceeded to treat him for that particular injury. Since Charles was a child; the doctor should have exercised greater care and examined him for other injuries. As per the decision in the Wood’s case, failure to examine the patient properly was equivalent to the denial of crucial treatment. Similarly, the doctor’s reliance on Charles’ words regarding the injuries sustained by the latter depicts gross negligence; because, Dr. Green as a skilled professional should have taken decisions regarding treatment, after making an independent assessment of the patient’s condition. Dr. Green had failed to perform a thorough physical examination of Charles, prior to treating him. The deformity caused to Charles is on account of Dr. Green’s clinical negligence. Charles would not have been forced to countenance such adversity if Dr. Green had exhibited greater caution while diagnosing and treating him. The court's approach towards clinical negligence can be evaluated by examining the various tests employed by them while deciding such cases. The Bolam test for medical negligence was introduced with Bolam v Friern Hospital Management Committee. In this case, it was decided by the House of Lords that the principle of the standard of care was not violated, as long as a responsible body of similar professionals corroborated the medical practice that resulted in damage.

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