I must confess I have not heard of this case. However others on this site I know have more legal knowledge than me. I do have a couple of comments about medical negligence and 'duty of care' and doing our job professionally.
 
Chest x-rays are read by radiologists as well - did they not spot the problem? Why was an OHP doing a CXR as it is not their job unless it is necessary for the working environment - surely this lady should have been referred to her GP PDQ ?
 
Duty of care: Read Whitakers chapter in Practical Ethics in Occupational Health. It gives a case law example of duty of care.
 
As for OH nurses I think we are safest to follow the guidance given by the NMC in our code of professional conduct - that is about being professional.
 
Regards, Greta
Greta Thornbory
Consultant, Occupational Health & Education
Consultant Editor, OH Journal
www.gtenterprises-uk.com
Tel: 01235 770156
Mob: 07778 518 027
 
----- Original Message -----
From: [log in to unmask] href="mailto:[log in to unmask]">Sarah Holton
To: [log in to unmask] href="mailto:[log in to unmask]">[log in to unmask]
Sent: Saturday, June 23, 2007 8:17 PM
Subject: [OCC-HEALTH] Case Law

Was wondering if anyone could remember the name of the case or let me 
know of other cases which highlight same thing - our duty of care to 
employee to do our job professionally.

Name of case ???
where an OHP did a chest x-ray in department for work related issue, 
but did not spot an underlying health condition. Later during 
pregnancy lady got sick and was secondary to pulmonary hypertension - 
missed in OH. OHP sued for negligence as missed it.

Many Thanks

Sarah

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