can anybody share answers for these questions, dr paul please help.
Posted by Akanksha G.
Question 1: The Bolam test
Is used by the courts to quantify damages in clinical negligence claims
False
Is based on the recommendations found in NICE and other Royal College guidelines
False
Is based on the opinions of the majority of competent clinicians
False
Does not apply to claims brought by parents on behalf of their children
False
Question 2: With respect to clinical negligence claims
If the incident resulted in death, the deceased’s personal representative can bring a claim 2 years after the deceased’s date of death
True
If the incident occurred at birth and resulted in cerebral palsy, the child has until their 21st birthday to make a claim
True
The courts have discretion to ignore the period of limitation
True
The date of knowledge is the date when the claimant knew that their injury was caused by someone / something else
True
Question 3: NHS indemnity
Is withdrawn if a doctor is found to have been negligent
True
May cover private practice undertaken in an NHS hospital
False
Does not cover disciplinary proceedings
True
Is provided by organisations such as the Medical Defence Union
True
Question 4: A 45 year old woman makes a claim for compensation following an abdominal hysterectomy which resulted in bladder injury and a vesico-vaginal fistula.
The Bolam test is used to determine the degree of suffering and award compensation
False
The Bolam test is used to determine the outcome of the operation if it had been performed by a competent surgeon
False
The Bolam test is based on what is accepted as proper by a responsible body of medical opinion
True
The Bolam test is based on the opinions and practices of the majority of gynaecologists
False
Question 5: With respect to clinical negligence claims
A claim must be brought to the courts within 3 years of the date of the incident
True
Individuals suffering from a mental disorder can make a claim at any time while the mental disorder persists
True
Children have until their 18th birthday to bring a claim
False
The date of knowledge is the date when the claimant knew they were going to undergo treatment
False
Question 6: A 45 year old woman makes a claim for compensation following an abdominal hysterectomy which resulted in bladder injury and a vesico-vaginal fistula.
For the claim to be successful, the claimant must prove that the operation was performed negligently
False
For the claim to be successful, the claimant must prove that she was not warned about the risk of bladder injury
False
The claim will fail if the risk of bladder injury and vesico-vaginal fistula was documented on the consent form
False
The claim will fail if it is likely that the vesico-vaginal fistula was caused by the woman’s underlying disease
True
Question 7: With respect to clinical negligence claims
A doctor’s acts or omissions will be judged on the basis of the best doctor in that specialty
False
A judge has to weigh the opinions of experts called by the claimant and defence and decide which opinion is preferred
True
If the intervention was performed by a Specialist Trainee, other Specialist Trainees will be called as expert witnesses
True
If the incident took place in 2001 but the claim is brought in 2009, the standard will be based on clinical practice in 2001 rather than the year of the claim
True
Question 8: With respect to the Law in England and Wales
Common Law is supreme when there is a conflict with Statute Law
False
Acts of Parliament form the basis of Statute Law
True
Civil proceedings typically result in imprisonment
False
The General Medical Council does not have the power to make legislation
False
Posted by Akanksha G.
dear dr paul,
sorry for the trouble, but can you please indicate the wrong answers, i have gone through the notes.
