English Medical Law - The Element of Proximity of Relationship in Duty of Care
In general it is agreed that proximity of relationship between the doctor and patient being treated existed. The case of Fairlie v Perth and Kinross Healthcare NHS Trust [2004] is a case which emphasizes on the proximity of the relationship between a doctor and his patient. In this case, the father of the patient was distressed severely after an accusation of him being abusive towards his daughter which turn out to be false.The court held that there is was no factual basis to indicate the proximate relationship existed between the father and the psychiatrist. Therefore, there was no duty of care. Proximity of relationship focuses on the relationship between the defendant and the claimant. From the proximity / closeness of the relationship a duty of care will arise. It will focus on the fact that either the doctor’s act omission, carelessness and negligence could reasonably have expected to cause harm to the patient. An example of a friend of the patient who suffer from allergic reaction after taking medication from the patient who being treated by a doctor will not make the doctor liable for clinical negligence because there is no proximate relationship between the patient’s friend and the doctor. This will not give rise to duty of care.
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