The element of Foreseeability in Duty of Care
One of the elements of Caparo test was it reasonably foreseeable that the damage would be caused by the defendant to the claimant? In clinical setting is whether the doctor’s action or omission was reasonably foreseeable to cause injury / harm to the patient. An example includes the doctor prescribing specific treatment to the patient and the medication given was later taken by the relative of the patient. The relative suffered anaphylactic shock and died. There is no duty of care would be owed by the doctor to the relative as the main task of the doctor is to treat his own patient with due care and full attention. Another example is a patient who suffered from depression after being treated due to cold flu . A doctor action was not reasonably foreseeable to cause the depression which was later discovered due to the patient feeling scared of sitting for the next coming exam.
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