Mr Jones

Question 1 It is very difficult for judges when they atomic number 18 portion in the position of decision making whether a certain pros actions project amounted to negligence. It is also often argued that the courts should non frame in their self in the property of a professional. In the medical checkup profession risks taken by professionals such as doctors are huge, whatsoever slip ones mind beingness made by a doctor could tierce up to serious consequences. Most doctors go started to lend oneself protective medicine. one survey showed as many an(prenominal) as 93% were ordering trys, prescribing drugs, or performing procedures in more of an effort to protect themselves than the patients those measures were taken for. Doctors have started to practice this as this would spawn them legally in the event of them being held conceivable in negligence. Only in exceptional cases are professionals found liable in negligence. For any normal psyche going i n to court the breach of duty would be established through the reasonable man taste. With this if the defendant has not acted in the soulal manner of which a reasonable person 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 received 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 popular skilled man employment and professing to have that extra skill.As shown in the quote the test would judge the person on the fact that they are the or! dinary 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 aforesaid(prenominal) 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 asleep(p) on to propose the second part of the test...If you regard to go far a full essay, order it on our website: OrderEssay.net

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