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Question: Which of the following is the consequence when a patient signs a medical consent form before an operation?
a) The patient gives up any right if action for any injury suffered
b) Any action for any injury suffered during the operation is limited to negligence
c) The level of any potential payment for any injury suffered is reducedIn the above question, I think that medical consent is a type of exclusion clause which is being brought to the attention of the patient before the operation to limit the liability for breach of contract. Option b) is about negligence or tort whilst the question seems to be about contract law. If is an exclusion clause and it states that the hospital has no liability (will pay nothing) and the patient signs it, does that mean that option a) is correct. Also who is liable in case of breach or negligence, surgeon or the hospital owner or the hospital itself as having a separate identity.
Not possible, by exclusion clauses, to restrict liability for negligence resulting in death or personal injury
If death or personal injury should result whilst in the care of the hospital but is not related to any negligent act then the consent form should protect the hospital from liability
If, in fact, the hospital / nurse / surgeon IS negligent, ultimately it’s the Government (
Minister of Health) who is responsible as the person at the top of the NHS pyramid (Cassidy v Ministry of Health)OK?
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