The clinical duty of care: is it enough that the doctor did what all or many of the other doctors do?

  • Alec Samuels
  • Published 2006 in Medicine, science, and the law
Who decides what is required in order to fulfil the duty of care, the doctors or the judges? This paper examines what the judges have been saying of late and gives an analysis of recent judgements. It also looks at the extent to which judges are challenging the medical experts. The trend away from medical paternalism to patient autonomy is discussed in the… (More)