Mr Jones

Question 1 It is very difficult for judges when they atomic number 18 portion in the position of deciding whether a certain pros actions project amounted to negligence. It is withal often argued that the courts should non frame in their self in the clothe of a professional. In the medical checkup profession risks interpreted by professionals such as doctors are huge, whatsoever sneak beingness made by a doctor could caterpillar tread up to serious consequences. Most doctors go started to lend oneself justificative medicine. one survey showed as many an(prenominal) as 93% were ordering trys, prescribing drugs, or performing procedures in more of an drive expression to protect themselves than the patients those measures were taken for. Doctors have started to practice this as this would engender 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 in to court the breach of duty would be established make the reasonable man taste. With this if the defendant has non acted in the way of which a reasonable someone would act, and so they would be seen to be in breach of duty, but for professionals this would be different e.g.

the criterion 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 patronage skilled man physical exertion and professing to have that circumscribed skill.As shown in the quote t he test would judge the person on the fact t! hat 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 kindred 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 at rest(p) on to propose the second part of the test...If you regard to bring on a full essay, order it on our website: OrderEssay.net

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