Fri, 3 Feb 2006 09:48:09
Standard of care in contribution proceedings
agree with you that Doctor A's inexperience may be relevant to
the ultimate apportionment but I don't see what point it illustrates.
A's inexperience could well be relevant in the question of whether
A was at fault at all - the liability question.
is not. Dr A is under a duty to treat with the skill and care that
a reasonably competent doctor in that post would provide: see Wilsher
v Essex Area Health Authority  1 QB 730. Dr A cannot
rely upon her own inexperience in order to say she has not been
careless. This factor is irrelevant at the liability stage.
in terms of the apportionment as between hospital and doctor (or
between doctor and anaesthetist) inexperience is relevant (Jones
checking a Canadian torts text, I don't know what the relevant Canadian
authority is, but I would be surprised if a doctor was able to rely
upon her personal inexperience as an exculpating factor when a claim
for negligence is brought.
University of Oxford
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