breach of duty Flashcards
what are the 2 stages of breach of duty?
what is the standard of care expected of the defendant and how has the defendant fallen below that standard of care?
what is the general standard of care?
an objective standard of reasonableness
how did Blyth v Birmingham Waterworks define negligence?
the omission to do something which the reasonable man … would do, or doing something which a prudent and reasonable man would not do
what did Nettleship v Weston show about the standard of care for a learner driver?
held to the same standard as all drivers
how are children assessed?
differently to adults
what is expected of a reasonable child of that age
what is the standard of care if you claim to be skilled or professional?
the law expects them to act as a reasonable member of that profession
when is the Bolam test applied?
applies to all professionals exercising a special skill or competence
what is the Bolam test?
what is reasonable is to be judged against a body of expert medical opinion
how did Bolitho modify the Bolam test?
what is reasonable is to be judged against a body of expert medical opinion, but that opinion must still be able to withstand logical analysis
what does the Bolitho test prevent?
professionals from setting their own standards of care
What was decided is inherent in a doctor-patient relationship in Montgomery v Lanarkshire Health Board?
a duty to take reasonable care to ensure that the patient is aware of any material risks involved in any recommended treatment, and of any reasonable alternative or variant treatments
what is a material risk?
if a reasonable person in the circumstances/patients position would be likely to attach significance to the risk, or the doctor is or should be aware that the particular patient would be likely to attach significance to it
