Is the standard of care in negligence the same for all defendants?

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patrick_b2201
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Is the standard of care in negligence the same for all defendants?
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Muttly
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The 'standard of care' required in negligence will vary according to the standards of care accepted and expected by each organisation, professional body or persons in authority in the duty of care owed to an individual.

Thus the 'standard' of care will always vary in context as to how it was breached but it is the 'duty of care owed' and then the defendant who 'breached that duty' in definition that remains the same.
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patrick_b2201
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(Original post by Muttly)
The 'standard of care' required in negligence will vary according to the standards of care accepted and expected by each organisation, professional body or persons in authority in the duty of care owed to an individual.

Thus the 'standard' of care will always vary in context as to how it was breached but it is the 'duty of care owed' and then the defendant who 'breached that duty' in definition that remains the same.
Thank you, so that is my essay question, however, I do not know how to construe 'is the standard of care different for all defendants', does it mean such as each individual, i.e., brain surgeon being held to a standard of a brain surgeon. Or does it mean, i.e., reasonable person being held to a different standard as a professional.
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Muttly
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The standard all depends on the level of training and the expectation of competency based on that training or professional qualification. So yes a brain surgeon would be expected to operate with a degree of skill and experience attached to that role
(& expected to have sufficient skill practice and regular refresher training and assessments)

The best I can describe the variance is with the 'duty of care' for someone who collapsed in the street. Think of negligence and culpability.

A passer by with at best a very basic first aid qualifications would not be expected to undertake very much at all in relation to care of a patient. Someone is doing their 'incompetent' best and would be unlikely to be sued for just that. Their culpability for a failed duty of care is minimal.

A nurse or doctor stopping to help has greater skill training (even though they might have limited training for care in the street) They would be expected to make a correct evaluation of the casualty, and if they had any drugs or equipment to use those drugs, or that equipment correctly and in accordance with the relevant protocols from the professional medical bodies. Knowing when not to do something is equally as important. Their professional qualification warrants a higher level of competence.

Paramedics are allowed to administer drugs to casualties in out of care settings under strict protocols. On the rare occasions they might have to deviate from those protocols they usually have to gain medical confirmation from a qualified clinician to avoid prosecution for negligence or manslaughter, particularly if the patient died as a result of the incorrect medication or incorrect dose. There are of course huge insurance implications regardless for clinicians and paramedics not adhering to their training and protocols.
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