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Stuff About Duty Of Care And Exceptions Notes

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1. Duty of Care

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Every doctors owes a duty of care to patients in their hospital

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However, what about third parties? E.g. relatives/public - these are dealt with under Caparo principles of negligence o Was it reasonably foreseeable that D's actions would cause the victim harm?
? So if D prescribed medicine to X, who's granddaughter then found the pills in X's house and ate them

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D would owe no duty to X's granddaughter - her actions would not be reasonably foreseeable. o Proximity
? WBA FC v El-Safty

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Herring: result might have been different had WBA employed the surgeon directly and warned of the consequences of any negligence.
? At the scene of an accident?

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No duty unless contract of employment requires them to offer assistance o So GP who came across one of their patients in a car crash might be in breach of contract if they failed to assist or summon help.

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If D begins to treat, assumption of responsibility towards them - so liable in tort o Public policy
? A duty only exists if it is just and reasonable to establish one.
? Palmer v Tees HA (dangerous sex offender patient released by psychiatrist, kills girl in his street - is there a duty to her?)

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Stuart Smith LJ o While a defective machine will behave in a predictable way
? via the laws of physics and mechanics and therefore liability is owed to wider class of people

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a human being will not, save in readily predictable circumstances o For humans, it is at least necessary of the victim to be identifiable, although it may not be sufficient, to establish proximity
? Smith v Jones [CAN]: X was referred to P to assess him, X having been told that his conversation would be privileged. X told P of his plans to rape, maim and kill prostitutes. P advised defence counsel of this, but while X pleaded guilty, defence counsel failed to introduce this evidence. P sought to breach privilege to get these facts disclosed.

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Held o Three factors should be looked at in deciding whether public safety outweighs solicitor/client or doctor/patient privilege:
? (1) Is there a clear risk to an identifiable person or group of persons?

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Named persons/groups must be given greater weight, even if large,

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