Page 18 - Element of medical law & legal issues facing health care providers
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CikguOnline
CikguOnline
When has a duty of care law been
breached?
▪ A breach in duty of care has occurred when:
➢ You have been injured because of someone else’s behaviour (either their
actions or lack of action); and
➢ The risk of an injury occurring was clear; and
➢ It was reasonably foreseeable that you would be injured as a result of the
other person’s actions (or lack of action); and
➢ If the behaviour that caused the injury was unreasonable (i.e., if a reasonable
person in the same situation would have done things differently).
