Professional Documents
Culture Documents
Question 7
a) Give an example to show that you understand whether my suburban
neighbour can also be my legal neighbour.
b) Compose a coherent paragraph to show that you understand the relationships
between the following terms: negligence, liability, fault, compensation,
reasonable care, industrial revolution.
c) What are the four fundamental requirements which need to be established by
a patient, who is claiming that they deserve compensation by a doctor?
d) Explain what is meant by the statement that the tort of negligence does not
include a general duty to rescue. Explain why this is the case.
e) Give 5 aspects of practice, in which doctors are expected to conform to a
reasonable standard of care.
f) Is this statement true or false? Briefly explain your answer.
The Law Reform Act 1995 (Qld) states that, although doctors must render
assistance at any emergency which they witness, their actions will not be
subject to negligence suits unless they act with gross negligence.
Question 8
a) What are the two main sources of law in Australia?
b) Give three kinds of courts in which Australian doctors may find themselves,
and indicate the kind of case in which the doctor in each court would be
involved.
c) True / False
1. The common law is uniform throughout the states of Australia
2. The High Court of Australia has been involved in a number of important
medical negligence cases in its history
3. It is necessary for a doctor to have intended to kill a patient for him/her to
be found to be criminally negligent in regard to the patients death
4. Medicare fraud is a disciplinary, not a criminal offence
5. Sexual relations between doctors and patients can be subject to inquiry
and prosecution through the criminal law, the common law, and
disciplinary law.
6. Since physician impairment is a health matter, it cannot be made subject
to any legal proceeding
7. Doctors must exercise skill and care at a standard which is more than just
reasonable, as judged by their peers
d) Give three differences between the criminal and the civil law.
STOP!
DONT TURN THE PAGE UNTIL YOU HAVE WORKED ON THESE
QUESTIONS IN MONDAYS PBL TUTORIAL, OR ATTEMPTED WRITTEN
ANSWERS YOURSELF.
Question 1.
You come upon a semi-conscious, middle-aged female lying on the
roadside near a pedestrian crossing outside a pub.
a) Give four broad hypotheses to account for her state, and briefly indicate the
mechanisms involved.
Students should think of a hypothesis as a coherent explanation of a patients problem.
That is, it should account for all of the patients signs and symptoms. In its detailed form,
a hypothesis includes the mechanisms leading to these clinical features (e.g. semiconsciousness). Hypotheses may be so specific as to be diagnoses but usually they are
broad statements rather than a disease label.
So, the best answers will formulate true hypotheses rather than diagnoses, e.g.
CNS depression due to alcohol or other drugs
Head injury from violence or motor vehicle accident
CNS depression due to reduced blood flow due to hypovolaemic shock from
trauma in MVA
CNS depression due to reduced blood flow due to cardiogenic shock from
coronary vessel occlusion
CNS dysfunction due to interruption of arterial supply to part of brain, i.e. stroke
This list is a lot better than, for example: drunk, stroke, myocardial infarct, MVA
Sweating: sympathetic terminals also drive sweat glands: this is an overflow effect
when there is massive activation of the sympathetic nervous system.
Stress, social isolation, job insecurity all lead directly to worse health by direct
pathogenic mechanisms through effects of stress on the limbic system and
autonomic nervous system, to adverse health related behaviours and lifestyle
factors, and reduced access to health care services.
Poor work environments, job related stress, low socio-economic status, and reduced
family and social support networks all predispose to abuse of nicotine, alcohol and
other substances which have negative health effects.
Question 7
a) Give an example to show that you understand whether my suburban
neighbour can also be my legal neighbour.
b) Compose a coherent paragraph to show that you understand the relationships
between the following terms: negligence, liability, fault, compensation,
reasonable care, industrial revolution.
c) What are the four fundamental requirements which need to be established by
a patient, who is claiming that they deserve compensation by a doctor?
d) Explain what is meant by the statement that the tort of negligence does not
include a general duty to rescue. Explain why this is the case.
False. (Doctors are not required by the Law Reform Act to render assistance at any
emergency which they witness).
Question 8
a) What are the two main sources of law in Australia?
b) Give three kinds of courts in which Australian doctors may find themselves,
and indicate the kind of case in which the doctor in each court would be
involved.
c) True / False
1. The common law is uniform throughout the states of Australia
2. The High Court of Australia has been involved in a number of important
medical negligence cases in its history
3. It is necessary for a doctor to have intended to kill a patient for him/her to
be found to be criminally negligent in regard to the patients death
4. Medicare fraud is a disciplinary, not a criminal offence
5. Sexual relations between doctors and patients can be subject to inquiry
and prosecution through the criminal law, the common law, and
disciplinary law.
6. Since physician impairment is a health matter, it cannot be made subject
to any legal proceeding
7. Doctors must exercise skill and care at a standard which is more than just
reasonable, as judged by their peers
d) Give three differences between the criminal and the civil law.
Answers
a) Statutes (legislation passed by the state or federal parliaments) and the common law (the
body of law developed by judges hearing cases and establishing principles by precedent).
b)
c)
d)
Action brought by state (criminal law) and by injured person (civil law
Standard of proof is beyond reasonable doubt (criminal law) and on the balance of
probabilities (civil law)
Penalty is fine or imprisonment, usually (criminal law) and payment of compensation,
usually (civil law)