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| − | The standard of care is a legal concept for the quality of service required of someone. Typically the standard of care refers to what a physician should do in treating a patient. If the care is below the standard, and someone is injured because of it, then the victim can sue for negligence. In Vaughn v. Menlove (1837) the standard of care is defined as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances". | + | The standard of care is a legal concept used in the tort of negligence. To make out the tort one must establish: (1) that a duty of care owed by the defendant to the plaintiff; (2) the relevant standard of care relating to that duty; (3) that there has been a breach of the duty by the defendant; and (4) that the plaintiff has suffered damage as a result of the breach. |
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| − | For professionals such as physicians, the standard of care is what a reasonably prudent professional would do under the circumstances. This "Bolam Test" is used in medical malpractice cases. | + | An example of the standard of care might be the level of treatment that a physician employs in treating a patient. If the care provided by the physician falls below the standard determined by the court and the patient suffers injury as a result, then the patient can sue for negligence. In ''Vaughn v. Menlove'' <ref>(1837) 3 Bing. N.C. 468, 132 E.R. 490.</ref> the standard of care is defined as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances". |
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| | + | For professionals such as physicians, the standard of care is what a reasonably prudent professional would do under the circumstances. This "Bolam Test"<ref>''Bolam v. Friern Hospital'' [1957] 1 WLR 582.</ref> is used in medical malpractice cases. |
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| | + | ==References== |
| | + | <references/> |