Case law is been use as a means to punish medical practitioners for breach of their duty of care towards patients. When a medical practitioner negligent leads to an injury suffered by the patient, the victim may have the right to pursue legal compensation against the negligent doctor. One of the main elements of a negligent claim is a duty of care. This article therefore looks at the three-part test elements in establishing a medical professional’s breach of duty of care. The three-part tests are;
- The doctor owed a duty of care to the patient
- The duty of care was breached and as a direct result of the breach
- The patient suffered harm (damages)
