• Med Sci Law · Jan 2006

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

    • Alec Samuels.
    • Southampton University. councillor.a.samuels@southampton.gov.uk
    • Med Sci Law. 2006 Jan 1; 46 (1): 76-80.

    AbstractWho 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 light of continuing uncertainty of the law and medical practice.

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