professional negligence

what are civil claims

individuals can sue

dont involve GOC

when are the GOC involved

if there is a breach of the standards of practise

determine if person is fit to practise

what is the law of tort

law of civil wrongs

provides people with rights to compensation when another person harms their legally protected interests

define negligence

any act of omission which falls short of a standard to be expected of the reasonable man

define professional negligence

failure of a professional to behave with the level of care that another professional would have exercised in the sam circumstance

what does reasonable man mean

random persons judgement of what is reasonable

how is negligence demonstrated

duty of care established then reaches and harm has been suffered as a result

plaintiff required to prove on the balance of probabilities

what is duty of care

legal obligation imposed on an individual requiring that they adhere to a reasonable standard of acre while performing any acts that could harm others

reason foreseeability of damage to the claimant

proximity between the defendent and claimant

is it fair, just and reasonable to impose a duty.

what is a breach of duty

not doing your job regardless of experiment

how is damage calculated

economic loss- financial measure of the harm suffered

based on compensation for pain and suffering resulting from harm

when can action be taken

3 years from the date

reception minors reaching 18

what are common causes of litigation

failure to detect glaucoma, RD, tumours

cataract surgery not given contact optometry

required for all optimist one registered even 3 years after retiring

write time and date of what has happened