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Medical Law - Duty of care ( Introduction)
Once general practitioners accept patients into their lists, they have an obligation to provide care. Admission to an NHS hospital also gives rise to a responsibility. In the private sector, the patient-doctor contractual connection will give rise to an obligation. According to Caparo Industries plc v. Dickman (1990), in circumstances when the duty of care is less clear, three fundamental factors must be demonstrated in order to determine whether the defendant owes the claimant one.
• Could the defendant have reasonably been expected to cause the claimant harm?
•Were the claimant and defendant in a relatively close relationship? and • Was the defendant owed a duty of care that was reasonable, just, and fair? It should be noted that the Caparo test, which determines whether a responsibility exists in cases of clinical negligence, is only employed in unique or rare circumstances. It is reasonable to presume that a duty of care exists in the majority of doctor-patient relationships.
Once general practitioners accept patients into their lists, they have an obligation to provide care. Admission to an NHS hospital also gives rise to a responsibility. In the private sector, the patient-doctor contractual connection will give rise to an obligation. According to Caparo Industries plc v. Dickman (1990), in circumstances when the duty of care is less clear, three fundamental factors must be demonstrated in order to determine whether the defendant owes the claimant one.
• Could the defendant have reasonably been expected to cause the claimant harm?
•Were the claimant and defendant in a relatively close relationship? and • Was the defendant owed a duty of care that was reasonable, just, and fair? It should be noted that the Caparo test, which determines whether a responsibility exists in cases of clinical negligence, is only employed in unique or rare circumstances. It is reasonable to presume that a duty of care exists in the majority of doctor-patient relationships.
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