Medical Malpractice – Medicolegal Perspectives: Negligence, Duty of Care

  • M. Flynn

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

Any discussion of medical negligence usually begins with two questions: (1) Does the potential defendant possess a duty to exercise reasonable care? and (2) What is the potential defendant’s standard of care? In the context of medical negligence these two questions are particularly important and can generate heated discussion. Yet, in medical negligence cases these two questions can also be simplified and relatively easy to understand and answer. This chapter will discuss the significance of each of these questions and provide the framework within which to answer both of these questions.

Original languageEnglish
Title of host publicationEncyclopedia of Forensic and Legal Medicine
Subtitle of host publicationVolume 1-4, Third Edition
PublisherElsevier
PagesV3:526-V3:529
Volume3
ISBN (Electronic)9780443214424
ISBN (Print)9780443214417
DOIs
StatePublished - Jan 1 2024

Bibliographical note

Publisher Copyright:
© 2025 Elsevier Ltd. All rights are reserved, including those for text and data mining, AI training, and similar technologies.

ASJC Scopus Subject Areas

  • General Social Sciences

Keywords

  • Duty
  • Duty of care
  • Expert
  • General practitioner
  • Malpractice
  • Medical expert
  • Negligence
  • Physician–patient relationship
  • Privity of contract
  • Reasonably prudent physician
  • Specialist

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