Medical Error and Misadventure

Medical Error and Misadventure

·     Medical mishap = treatment was properly given but suffered a rare side-effect (<1% occurrence) and was severe (ACC definition is in hospital for at least 14 days, in capacitated for 28 or died)

·        Medical error = Person treating you did not provide treatment of a reasonable standard.

·        Medical misadventure = mishap + error

·        Negligence:

o   Do you owe a duty of care

o   Did you fail in that duty (according to standard of a reasonable practitioner)

o   In failing, did the person suffer as a consequence

o   Court decides whether error is negligence

·        Types of censure: 

o   From Health and Disability Commissioner (mediate, refer to professional body, referral to their director of proceedings)

o   From Medical Council (censure, practice restrictions, struck off, fines)

o   Criminal charges – eg Manslaughter – only if „major departure‟ from accepted practice (1997

o   Crimes Act amendment)