title: The clinical duty of care: is it enough that the doctor did what all or many of the other doctors do?
abstract: Who decides what is required in order to fulfil the duty of care, the doctors or the judges? This paper examines what the judges have been saying of late and gives an analysis of recent judgements. It also looks at the extent to which judges are challenging the medical experts. The trend away from medical paternalism to patient autonomy is discussed in the light of continuing uncertainty of the law and medical practice.
authors.affiliation: Southampton University. councillor.a.samuels@southampton.gov.uk
authors.forename: Alec
authors.initials: A
authors.lastname: Samuels
mesh_terms: D004565:Electroconvulsive Therapy / Q000009:adverse effects / Q000592:standards; D026690:Ethics, Clinical; D006801:Humans; D007600:Judgment; D033222:Judicial Role; D008318:Malpractice / Q000331:legislation & jurisprudence*; D028681:Moral Obligations; D026706:Paternalism; D010358:Patient Participation; D011787:Quality of Health Care / Q000941:ethics / Q000331:legislation & jurisprudence / Q000592:standards; D018570:Risk Assessment; D035501:Uncertainty; D006113:United Kingdom