Page 8 - Element of medical law & legal issues facing health care providers
P. 8
CikguOnline
CikguOnline
i. Duty of care
▪ Duty of care or an existing legal duty on the part of the defendant
to the plaintiff to exercise care in such conduct of the defendant
as falls within the scope of the duty
▪ Definition: an obligation or a burden imposed by law, which
requires a person to conform to a certain standard of conduct. The
existence of such a duty in a given set of circumstances has given
rise to what is known in the law of torts as a “duty situation”.
▪ A person will owe a duty of care to those who are also within his
contemplation who will suffer foreseeable loss.
