Negligence and civil liability in the medical profession : part 2

Abstract

Part 2 of the article. As referred to in the first part of this article, for an aggrieved party to succeed in his claim he must prove to the satisfaction of the court the three elements of negligence, that is: i. the physician had a duty of care in that particular situation, ii. the physician failed to discharge the standard of care required by that duty, and iii. he has suffered damages in consequence of a breach of that duty. Reference to the first element, that is, that the medical professional has a duty to provide the patient with care in accordance with an accepted standard, has already been made in the first part of this article.