What is Breach of Duty?

 

Medical and other professionals owe their patients a “Duty of Care”, which is a responsibility to take care of them properly and to a reasonable standard. If the care given does not live up to the required standard and the shortcomings could reasonably have been avoided by the professional concerned, then this may be classed as a Breach of Duty. This is also known as professional or clinical negligence. In civil cases, the claimant usually carries the burden of proof although this can be reserved in certain situations. It is usually for the Claimant to prove their case.

 

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