Medical negligence: A neurosurgeon’s guide

Abstract

Medical negligence is a complicated area which we should continuously update ourselves on in order to stay on top of. This paper assesses the current state of negligence law in a clinician friendly way, including the most recent cases such as Tolias [2019]. Through a thorough literature review and reading of case judgements, we discuss the three components of negligence (duty of care, breach of that duty, and causation), and describe what each means with a particular focus on breach. We review the current legal standing of Bolam and Montgomery in Medical Negligence and the requirements of informed consent. Finally, we propose a series of clinical recommendations for neurosurgeons to put into practice in order to ensure they do not fall afoul of these laws.

Keywords

• Medical Negligence
• Bolam
• Montgomery
• Informed Consent
• Medicolegal Clinical Recommendations