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Medical Law - The proximity of the relationship
The relationship between the claimant and defendant—and whether it is close enough for a duty of care to emerge—is referred to as proximity. This depends on whether there is a reasonable expectation that the patient may suffer injury as a result of the doctor's negligence or carelessness. Whenever a physician attends to a patient, a proximal relationship is typically formed. Although it will depend on the circumstances, courts are unlikely to conclude that a doctor and a patient's kin have a proximate relationship.
Fairlie v. Perth and Kinross Healthcare NHS Trust
The father of a patient was in great pain after being wrongly accused of mistreating his daughter, who had received supposedly careless treatment for a mental illness. The father and the psychiatrist who treated his daughter did not have a proximate relationship, according to the court's assessment of the facts. There was no obligation of care.
The relationship between the claimant and defendant—and whether it is close enough for a duty of care to emerge—is referred to as proximity. This depends on whether there is a reasonable expectation that the patient may suffer injury as a result of the doctor's negligence or carelessness. Whenever a physician attends to a patient, a proximal relationship is typically formed. Although it will depend on the circumstances, courts are unlikely to conclude that a doctor and a patient's kin have a proximate relationship.
Fairlie v. Perth and Kinross Healthcare NHS Trust
The father of a patient was in great pain after being wrongly accused of mistreating his daughter, who had received supposedly careless treatment for a mental illness. The father and the psychiatrist who treated his daughter did not have a proximate relationship, according to the court's assessment of the facts. There was no obligation of care.
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