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Evidentiary gap' relates to causation in negligence more generally, so the thesis addresses both the nature and function of the tort of negligence as well as the role played by causation within that tort.
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Which is an example of immunity for negligent doctors?
The case of Derry v Ministry of Defence[37] is another example of giving immunity to negligent doctors; in this case the negligent misdiagnosis of cancer was covered by crown immunity.
What is the definition of negligence in law?
Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or do something which a reasonable prudent man would not do.[10]
How is the tort of negligence in medical care determined?
In respect to children the standard of care is the reasonable child [18] and a skilled professional the standard of care is from a skilled professional of their specific trade, e.g. a reasonable doctor [19]. The final areas of negligence that have to be considered are causation and remoteness. Causation is determined by the but-for test whereby:
Can a woman Sue a hospital for negligence?
Felicity will find it possible to sue for any of the pain, suffering and nervous shock caused by acts as the case of North Glamorgan NHS Trust v Walters[38] has held as long as the negligence to her baby was so severe that there was an obvious causal link to Felicity’s state.
Last Update: Oct 2021
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