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In order to make a successful claim in the tort of negligence, the patient must establish that the defendant owed them a duty of care.
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| Submitted: Mon Jun 19 2006
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The case scenario focuses on two people who were treated by Mr Blewitt, the first person Frank involved in the emergency department and the second person being Harvinder. The problem here is concerned with medical malpractice, competent and incompetent adults, consent and confidentiality. In order to make a successful claim in the tort of negligence, the patient must establish that the defendant owed them a duty of care. To prove this, three elements laid down in Caparo Industries plc v Dickman1 must be satisfied. 1. Duty of care - reasonable forseeability, Proximity, just and reasonable 2. Breach of this duty 3. The breach was the cause of harm Once Frank was omitted to casualty, the hospital came under a duty to provide care and treatment for Frank. In Barnett v Chelsea and Kensington HMC2 the defendants' were not liable for their breach because, the breach was not the cause of injury.3 The duty of...
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