Negligence 疏忽

There are reasons I wrote this down but the reasons shall remain unknown and silence...
What constitutes negligence?
-in the case of a medical setting

The Plaintiff 原告 must establish:
1. that the defendant owed him a duty of care
2. that there was a breach of this duty of care, which amounts to a requirement to demonstrate that standard of treatment given by the defendant fell below the standard expected of him by the law, and
3. because of this sub-standard treatment the plaintiff suffered a legally-recognized harm (eg. physical injury or psychiatric illness)

What is Duty of Care?

1. Patient by virtue of his contractual relationship with his doctor (his hospital.
2. Within a public national health system, the duty arises when the patient presents for treatment and is admitted.
3. The standard of care and policy position in respect of all duties of care in tort is ask whether it would be fair, just and reasonable to impose such a duty in the given circumstances.
4. The relationship between the plaintiff and the defendant must be sufficiently 'proximate' such that harm following the defendant's actions/omissions was 'reasonably foreseeable'
5. A question of how directly a plaintiff might be affected by the behaviour of another.
6. The more likelihood of harm, the more likely it will be that a duty of care will be imposed.
7. Subject to the fairness and reasonableness of creating that duty.

Standard of care
Case example: Bolam v Friern Hospital Management Committee (1957)
"The test is the standard of teh ordinary skilled man exercising and professing to have that special skill. A man need not possess the highest expert skill at the risk of being found negligent. It is well-established law that is sufficient if he exercises the ordinary skill of an ordinary man exercising that particular art."

http://www.sciencedirect.com/science?_ob=ArticleURL&_udi=B7G7K-4KWYYVF-9&_user=107833&_rdoc=1&_fmt=&_orig=search&_sort=d&view=c&_acct=C000008378&_version=1&_urlVersion=0&_userid=107833&md5=8bb86a0b8932855bc5f2fd94361c0d19
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