Difference between revisions of "Standard of care"

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-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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+== Headline text ==
-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".
-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.
-==References==
-<references/>
-[[Category:Law]]