Jacqui Hitchen presentatio non Law for students studying Anaesthesia and Recovery care modules at Edge Hil University

19. LEGAL ASPECTS OF CARE Negligence Causation: A patient must prove, on a balance of probabilities that the breach of duty of care caused his injuries. If he can prove this to a probability of 51% or more , then full compensation is recoverable with no deduction for the percentages by which he cannot prove causation.

20. LEGAL ASPECTS OF CARE Negligence Causation: Correspondingly, if a patient cannot prove that the chances of the breach of duty having caused his injuries are as high as 51%, then the action will fail totally.

21. LEGAL ASPECTS OF CARE The Bolam Test (Bolam v Friern Barnet HMC (1957) 2 All ER 118, The plaintiff contended that the defendants were vicariously liable for the carelessness of a doctor who administered ECT to the plaintiff without administering a relaxant drug or without restraining the convulsive movements of the plaintiff by manual control. The plaintiff suffered a # hip as a consequence.

22. LEGAL ASPECTS OF CARE Bolitho v City and Hackney HA (1997) 4 All ER 771 (HL) 16 th January 1984 P, a 2yr old boy, who had a history of hospital treatment for croup, was readmitted under the care of Dr.H & Dr.R. On the following day, he suffered 2 short episodes during which he turned white and clearly had difficulty in breathing.

42. Confidentiality A patient/client has a RIGHT to expect that INFORMATION given in CONFIDENCE will be used ONLY for the purpose for which it was given and WILL NOT be released to others WITHOUT THEIR CONSENT The death of the patient/client DOES NOT absolve the practitioner from this obligation

44. CONFIDENTIALITY BREACH of confidentiality occurs : If anyone deliberately or by accident gives information, which has been obtained in the course of professional practice,to a third party without the consent of the patient/client