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INTRODUCTIONThis essay is set to explain the tort of negligence in clinical cases The term tort of negligence Is a civil wrong which the remedy that is required for ones action is damage Negligence is one of the most common torts and it has become more substantial over the years In view of that this this essay would explain the tort of negligence and it elements which would link us to clinical negligence and the law requirement for it to win a case DEFINITION OF TORT OF NEGLIGENCEL Emanuel define tort of negligence as breach of duty or a failure of one party to apply the standard of care expected and required by law resulting in damage to the other person whom the duty was owned It is also define as an act or omission which falls below the standard of a reasonable man According to Stuhmcke tort of negligence comprises three elements and the claimant suing must prove this three element in order to win 1 Duty of care 2 Breach of Duty 3 DamagesCLINICAL NEGLIGENCEPowers et al stated that Clinical negligence is defined as negligence by medical body which result in injury to patient However it requires a claimant to prove the following elements in order to show prima a facie case for clinical negligence Firstly the medical body owe the claimant a duty of care secondly the medical body breached the duty of care owed to the claimant thirdly the injury was caused by the doctors negligence and caused damages to the claimant Haven defined clinical negligence and its law requirement this would take us to duty of careDUTY OF CAREA duty of care was establish by Lord Atkins in the case of Donoghue v Stevenson 1932 which is the leading cases when it comes to the concept negligence Lord Atkins defines duty of care as not injuring your neighbour He also established the neighbours principle in the stated case
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