Breach of duty3/16/2023 The test is the standard of the ordinary skilled man exercising and professing to have that special skill” - McNair J in Bolam v Friern Hospital Management Committee ⇒ ‘The Bolam Test’: “Where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the man on the top of the Clapham omnibus, because he has not got this special skill. However, the courts will not generally take into account defendant's personal characteristics (see below) This subjective element brings into play issues such as whether the defendant was acting in an emergency.⇒ A subjective element → although the 'reasonable person' aspect of the test is objective, there is also a subjective element in the reference to the 'Defendant's circumstances' ⇒ See the cases of Blyth v Birmingham Waterworks Co (1856), Glasgow Corporation v Muir, and McFarlane v Tayside Health Board Does not always reflect “average” behaviour.It is objective ( Glasgow Corp v Muir ).If the defendant's actions fell below what the reasonable person would have done in the circumstances, then his actions would have breached the duty of care.⇒ The test is as follows: ‘What would the reasonable person have done in the Defendant's circumstances?’ A law firm that has represented 10,000 cases like yours may be able to get you a bigger settlement than a firm with less experience, and they can help you avoid court.⇒ To determine whether someone has breached their duty of care, the reasonable person test is used If you believe your doctor was responsible for your injuries, it is important that you work with a lawyer who has experience in cases with your specific type of injury. Together, these elements create a strong foundation for a lawsuit. In addition to demonstrating that a doctor had a duty to a patient and violated it, victims of medical malpractice must also prove that the violation resulted in an injury. ![]() Documents showing the doctor agreed to treat the patient usually suffice. Typically, this requires statements from other healthcare professionals who can provide detailed descriptions of various conditions and expectations.įurther, individuals must clearly illustrate the doctor had a duty to the patient. Proving Breach of Dutyīreach of duty may seem easy enough to spot, but in court, there must be substantial evidence demonstrating that a doctor acted negligently. While a patient may suffer from further illnesses after seeing a doctor, unless the doctor’s actions inflicted further harm on the patient, there is usually no breach of duty.
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