What Does It Mean To Breach The Duty of Care?

Society has placed certain demands on us, regarding the level of care shown to others. Someone that does not live up to those demands has breached his or her duty of care.

How does the breach of a duty of care relate to a personal injury case?

The plaintiff must show that the defendant breached his or her duty of care. If the defendant has failed to act in a reasonable manner, then he or she could be charged with negligence.

Breach of a recognized duty of care represents one the 4 elements in a personal injury lawsuit. The existence of each element must be proven, in order to gain permission to try the filed case in a courtroom.

What are the other 3 elements that need to be proven?

Proof that the defendant had a duty of care towards the plaintiff.
Proof that the defendant harmed the plaintiff.
Proof that the harm done to the plaintiff had been caused by the defendant’s breach of duty.

Situations that demand a higher duty of care

Someone that has claimed the status of a professional is expected to demonstrate a higher level of care. A professional is supposed to copy the skills and competence of other professionals in the same field.

Personal Injury Lawyer in Mississauga know that not every personal injury case exposes the need for that stronger and more specialized duty of care. Yet, if a patient has chosen to sue a physician for malpractice, then the patient’s lawyer does need to focus on issues related to the higher duty of care, which was supposed to be shown by the patient’s doctor.

A doctor’s oath, the one taken upon the completion of his or her medical education, showcases the demands that are linked to the higher duty of care. Doctors that are on vacation do not have the right to ignore the medical needs of a stranger. Each of them must use their skills on a sick stranger, if and when called on to do so.

What is the source of the demand for a higher duty of care?

Normally that demand comes from members of the public. The public expects that sort of duty of care from doctors, because each of them has received such a specialized education and training. Still, any employee could create a self-imposed demand for a higher duty of care.

For example, it has been reported that at least one vaccine maker is 2 months ahead of schedule. That suggests that the team working on the vaccine has demonstrated a higher duty of care. All of the team’s members have used their special skills at an enhanced level, and in an intensive manner. Yet, some people think they have cut corners.

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