Tortious Claims Against The Accident And Emergency (A & E)

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Part 1 ( Problem Question) 1. Challenging the decision Introduction The NHS has the policy that such alternative treatment, as requested by Walter, will not be funded for a patient with cerebral palsy, according to the doctor and there are very limited way to challenge this decision as the doctor can refuse providing a treatment and the courts will not force. a) Statutory duty Action can be taken against the NHS on the grounds that they have breached their duty to provide ‘a comprehensive health service’ under the 2006 Act. This however, may fail as the NHS has the authority to decide on treatments and a policy so as it reasonably thinks that it is necessary taking into account the available resources. The NHS can say that they find it not necessary, taking into consideration of the available resources, as it will not give much benefit to a patient with cerebral palsy.…show more content…
Tortious claims against A&E doctor Introduction The Accident and Emergency (A&E) doctor may face liability for Flynn’s lost of sight under medical negligence if it is proven that the doctor owes a duty of care (Doc) towards Flynn, which he had breached and it is that breach which caused the damage, factually and legally. a) Duty of Care Being a doctor, there is sufficiently close doctor-patient relationship between the doctor and Flynn and this clearly shows that a DoC is owed by the doctor. It is also reasonably foreseeable that as a doctor who fails to treat a patient’s pain could cause him problems as he sends Flynn off without even know the base to the headache. The doctor may argue that he discharged his duties by advising them consult his paediatrician but this cannot be accepted as he came up to this conclusion without any evidence or reasons to support his advice. Merely reading the record does not prove that he had done sufficient examination on Flynn and there is no medical guide proving that such splitting headache are cause by the cerebral

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