8/2/2019 question02-e

1/2

Answer:

Discussion:

20 Medico-legal questions

Question 2: Negligence and the role of medicalexperts

Despite appropriate monitoring of gentamicin levels, a patient with sepsis suffered renal

damage, perhaps partially as a result of the medication. A lawsuit alleging negligence orcivil liability (fault) was launched, claiming the renal damage was preventable. What will

the court consider related to the standard of care? Choose the best answer:

A)The court will determine the standard based on excellence or perfection in

medical care

B)The court will determine the standard based completely on existingpharmacology textbooks available at the time the care was provided

C)The court will determine the standard based completely on existingpublished guidelines for the administration of gentamicin

D)The court will generally determine that poor outcomes are the result of

negligent or below standard care

E)The court will determine the standard based on what experts testify aboutthe care and skill that could reasonably be expected of a physician with

similar training and working in similar circumstances

The answer to this question is: E

The expert witness

The expert witness assists and advises the court through the expression of expert

opinion as to what constitutes a reasonable standard of skill and knowledge in thecircumstances of a particular case. It is not the role of the expert to act as an advocatefor any party.

Physicians asked to act as an expert must honestly self-evaluate whether they areappropriately qualified to provide the necessary opinion in the circumstances of that

case.

The expert must be guided by personal experience and what is perceived to be the

usual or acceptable practice of colleagues in similar circumstances. Carefulconsideration must also be given to the education, experience and other qualificationsof the defendant doctor, as well as to the equipment, facilities and other resources that

were available. It has been suggested that as a final check, the expert should askwhether the complication or result could have happened to any other physician evenwhen being reasonably careful.

The expert should remember that in formulating an opinion about the quality of pastmedical care it is a luxury to be able to review all the facts in retrospect. Allowances

must be made to adjust for this advantage. It is equally important for the expert to

>

I

N

D

E

X

>

Page1 of 220 Medico-legal questions Test your knowledge

18/02/2012https://education.cmpa-acpm.ca/20questions/questions/question02-e.html

8/2/2019 question02-e

2/2

Resources:

ensure the work of the physician is assessed according to the standards of practiceapplicable at the time of the event. The standards of practice change quickly and it

would be unfair to review the work of the physician in the light of later practice.

English

< Previous | Next >

Page2 of 220 Medico-legal questions Test your knowledge

18/02/2012https://education.cmpa-acpm.ca/20questions/questions/question02-e.html