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Bolitho v. City and Hackney Health Authority [1996] 4 All ER 771 is an important English tort law case, on the standard of care required by medical specialists. It follows the Bolam test for professional negligence, and addresses the interaction with the concept of causation.
Medical malpractice is a legal cause of action that occurs when a medical or health care professional, through a negligent act or omission, deviates from standards in their profession, thereby causing injury or death to a patient. [1] The negligence might arise from errors in diagnosis, treatment, aftercare or health management.
Likewise, damage can occur without negligence, for example, when someone dies from a fatal disease. In cases involving suicide, physicians and particularly psychiatrists may be to a different standard than other defendants in a tort claim. In most tort cases, suicide is legally viewed as an act which terminates a chain of causality.
Robin Begley of the American Hospital Association said the case was likely to have a "chilling effect on the culture of safety in health care." [15] The American Nurses Association, the American Association of Critical-Care Nurses, and the National Medical Association all expressed concern that Vaught's prosecution set a "dangerous precedent." [2]
Neglect includes the failure to properly attend to the needs and care of a patient, or the unintentional causing of injury to a patient, whether by act or omission. [ 3 ] Patient abuse and neglect may occur in settings such as hospitals, [ 4 ] nursing homes, [ 5 ] clinics [ 6 ] and during home-based care. [ 7 ]
Spiro Nikolouzos case: United States Texas: 2005 A family wishes to keep life support for a man in a persistent vegetative state. David Vetter: United States Texas: 1984 A boy dies at age 12 after living a lifetime with highly unusual medical care in a sterile environment. Jahi McMath case: United States California: 2013
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