Duty Of Care Essay

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Regards to the Linda’s situation, as she wants to seek for remedies, she need to prove there is a negligent caused by Darlington Memorial Hospital. Therefore, at first she has to establish the hospital owed her a duty of care; the hospital breach a duty of care; and then the breach caused the loss. According to National Health Service (General Medical Services) Regulations 1992 , there is no problem here in establishing that Darlington Memorial Hospital owes Linda a duty of care. The primary question is whether the hospital breaches the duty.
First and foremost, the court will apply the Bolam test. In the case of Bolam v Friern Hospital Management Committee , McNair J said that, ‘A doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a responsible body of medical men …show more content…

Although the GP declared that blood clot is rare to find, the court has rejected his claim because judges think that this is responsible to carry out the test. Hence, there are still some debates following Bolitho about what is the doctor’s responsible actions. Nevertheless, in the case of Birch v University College London Hospital , the court held that commonly the views of a medical expert is rare to be illogical and irresponsible. In addition, in Wisniewski v Central Manchester Health Authority , Broke LJ says it would be ‘quite impossible’ to argue that an eminent doctor was not logical. At the end, Court of Appeal refused the appeal regarding dismissal of negligent claim.
Last but not least, Linda must demonstrate that on the balance of probabilities that negligence caused the injury. Moreover, in the case of Wilsher v Essex AHA , she has to prove that’s the only cause to cause her condition in order to establish negligence. This is because if there is an unclear reason, no negligent will be

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