Bolam v Friern Hospital Management Committee  (Queen's Bench Division).
a) You have to highlight the fact, issue and decision in this case to the standard of care in clinical negligence as well as the standard of care for professional defendant.
b) Discuss the standard of care for Medical practitioner in Malaysia.
Support your argument with relevant cases.
You have to highlight the fact, issue and decision in this case to the standard of care in clinical negligence as well as the standard of care for professional defendant.
The simple definition in that of negligent tort translates to that of a tort which was committed due to the failure failure to act as a reasonable individual to another to whom she/he owes a duty, as is required by law under the circumstances. What can be stated is that negligent torts are not deliberate, and there must be an injury resulting from the the committed breach of the duty. Instances of what negligent torts covers are that of car accidents, slip and fall accidents, and most medical malpractice cases. Damages which could be received from the act of negligence would be that of, Compensation for medical bills and continuing medical expenses, Reimbursement for victim’s loss of wages, Lost or diminished earning capacity, Pain and suffering, future and past, Recompense for the emotional and mental distress, Disability and disfigurement, Cost of property damage , Restitution for other non-economic looses.
The elements of negligent tort are that there must be a breach of duty to a known standard of care, that the breach of that duty was the actual cause and the proximate cause of the harm to the plaintiff; and that the plaintiff was harmed, to which the law provides a remedy. In the case of Blyth v Birmingham Waterworks, it is state, in reference to negligence, that omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of...