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Breach
of duty of care
The
law of negligence means any negligent act or which
falls short of a standard to be expected of "the reasonable man"
What
is the definition of “reasonable?” This appears to be a grey area as
with much of U.K. law, and we suggest you speak to your solicitor to
ascertain case histories
A
famous case once ruled that a doctor is not in breach of the duty of care
"if he has acted in accordance with a practice accepted as proper by
a responsible body of medical men skilled in that particular art".
In
plain English this means that a judge will hear evidence from
experts in the appropriate speciality and must decide whether the actions
of the doctor/midwife/nurse etc. were proper.
Often there are several
acceptable ways of doing something and compliance and this may mean that there
is no breach of duty of care.
Naturally experts often
disagree over these issues and the judge must decide whose evidence is to
be preferred.
The
fact that the person giving an opinion would not have done things in the
same way does not automatically mean that there a was breach of duty of
care.
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