Duty of care

Duty of Care

Duty of care (/ˈdjuːti ɒv ˈkɛər/) is a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.

Etymology

The term "duty of care" originated from the English common law where it was used to describe the legal obligation that a person may be owed by another, to avoid causing harm or loss to them.

Related Terms

• Negligence - The failure to exercise the care that a reasonably prudent person would exercise in like circumstances.
• Standard of Care - A diagnostic and treatment process that a clinician should follow for a certain type of patient, illness, or clinical circumstance.
• Breach of Duty - Occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard.
• Reasonable Person - A hypothetical person in society who exercises average care, skill, and judgment in conduct and who serves as a comparative standard for determining liability.

See Also

• Medical law
• Medical ethics
• Patient safety
• Health care

References

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