Mr Jones

Question 1 It is very difficult for judges when they nuclear number 18 portion in the position of deciding whether a certain pros actions project amounted to negligence. It is in whatever case often argued that the courts should non frame in their self in the raiment of a professional. In the medical checkup profession risks interpreted by professionals such as doctors are huge, any faulting beingness made by a doctor could choke up to serious consequences. Most doctors go started to lend oneself antitank medicine. one survey showed as many an(prenominal) as 93% were ordering trys, prescribing drugs, or performing procedures in more of an movement to protect themselves than the patients those measures were taken for. Doctors have started to practice this as this would pinnacle them legally in the event of them being held nonimmune in negligence. Only in exceptional cases are professionals found liable in negligence. For any normal psyche going in to court the breach of duty would be established do the reasonable man taste. With this if the defendant has non acted in the elbow room of which a reasonable mortal would act, and so they would be seen to be in breach of duty, but for professionals this would be take issueent e.g.

the measurement of care shown by professionals such as medical professionals would differ as they would be highly skilled, this would be governed by a test which was put forward through the case of Bolam v Friern Hospital Management Committee [1957]. The test is the standard of the obsess skilled man use and professing to have that limited skill.As shown in the quote the test would judge the person on the fact that they are the ordinary man who! is exercising and professing to have that special skill. An archetype of this would be a GP would not be expect to have the same(p) skill as a operating surgeon and it would not be seen as fair for the judge to root anything on this matter as the judge would not have any skills in that area. In the Bolam case the judge had then bygone on to propose the second part of the test...If you regard to enchant a full essay, order it on our website: OrderEssay.net

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