English Medical Law- Doctors' Duty of Care towards Patients.

The defendant owed the claimant a duty of care

In general, there are three essential elements that need to be proved to establish the duty of care of the defendant. These elements derived from the case of Caparo Industries Plc v Dickman and include: 
-was it reasonably foreseeable that the damage would be caused by the defendant to the claimant? 
-was the relationship between the defendant and claimant reasonably proximate? 
-was it fair, just and reasonable to impose duty of care on the defendant? 

Caparo test in clinical negligence situations are only  are used in novel or unusual circumstance to ascertain the duty of care.

In a private setting, duty of care arises based on the contractual relationship between doctor and patient. 

In a general practice setting, duty of care arises when the general practitioners have accepted patients on the lists.

In hospital setting, duty of care arises when the patients are admitted to the NHS hospital.