Duty of Care Essay - 981 Words - StudyMode.
The concept of the duty of care is important as establishing a duty is the first hurdle which a claimant must overcome; a failure to do so meaning that notwithstanding their injury, they will have no redress.
Duty of care: basic principles Chapter 4. Special duty problems: omissions and acts of third parties Chapter 5. Special duty problems: psychiatric harm Chapter 6. Special duty problems: public bodies Chapter 7. Special duty problems: economic loss Chapter 8. Breach of duty: the standard of care Chapter 9.
More than 1000000 free essays. We must also follow strict procedures if we suspect abuse. Potential conflicts or dilemma’s that may arise between the duty of care and an individual’s rights are that as a child, they have the right to facilitate their development and learning by being allowed to take risks and be challenged, is a practitioner does not allow a child to be able to do this.
However, it could be argued that this second reason could also be applicable for many cases involving physical injury where no question of denying a duty of care arises. Lord Steyn’s third reason was the floodgates argument, that “a relaxation of the special rules governing the recoverability of damages for psychiatric harm would greatly increase the class of persons who can recover.
The legal duty of care generally only arises when a practitioner has assumed some responsibility for the care of the patient concerned (see above). Accordingly, if a nurse is at a road traffic accident they do not have a legal duty of care to offer aid to any person injured in the accident.
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists between the claimant and the defendant such that, if the defendant has breached that duty, liability may arise.
It is the duty of A to exercise standard of care after examining B and asking all the questions to make sure that diagnoses is not performed to the detriment of the patient (B). In Perrett v Collins (1998) CA, a plane built by Collins crashed and Perrett, a passenger was injured.