Medical negligence

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Doctors may sometimes fall foul of the criminal law
(this is discussed in relevant sections over the next four
chapters) but the majority of cases against doctors are
heard in the civil courts. Civil law cases involving doctors
are usually actions in medical negligence. There are
some basic components of a medical negligence action.
A duty of care: it must be shown that the defendant
(that is the person or authority accused of negligence)
owed the claimant (that is the injured party or the person
accusing the defendant of negligence) a duty of care:
• The duty of care of a GP crystallizes when the patient
registers with that GP and then consults with the GP
on the occasion in question.
• The duty of care of a hospital doctor crystallizes
when the patient is formally accepted into hospital.
English law does not oblige doctors to give emergency
treatment outside of the above situations except when:
• a patient presents to an A&E department
• when a GP is requested to provide emergency treatment
to a person in his practice area.
By contrast in France, ‘Good Samaritan’ laws oblige doctors
to stop and assist anyone who is taken ill or injured.

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