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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| + | 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/> | ||
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| + | [[Category:Law]] | ||
Revision as of 22:18, January 2, 2009
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.
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 [1] 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"[2] is used in medical malpractice cases.