Scrutinising the duty of care and standard of care in English medical negligence.
The aim of this article is to discuss the difficulties that claimants encounter in civil law action in English medical negligence cases. It argues that the current legal framework, in particular in relation to the existence of the duty of care and the assessment of standard of care, is haphazard and flawed. It suggests that the law should provide the boundaries that would encompass a moral obligation to rescue and to treat. In conclusion it discusses some timid attempts to reform the law in order to facilitate redress and compensation.
York Law School, University of York, Hesilngton, York YO10 5DD United Kingdom. Katarzyna.gromek-brok@york.ac.uk
Katarzyna
K
Gromek-Broc
D006801:Humans; D008318:Malpractice / Q000331:legislation & jurisprudence*; D059039:Standard of Care / Q000331:legislation & jurisprudence*; D006113:United Kingdom