Rule of Reasonable Foresight and Remoteness of Damage in Doctor–Patient Relationship

Abstract

A doctor is not guilty of negligence if he has acted in accordance with the practice accepted as proper by a responsible body of medical men. But what amounts to reasonable conduct should only be decided upon by the court, based on the views of the experts in the field. If a man is, or holds out to be especially skilled in a particular profession, he will be held liable for negligence if he fails to exhibit the care and skill of one ordinarily an expert in that profession. The purpose of awarding damages is to affect a “restitution in integrum”, i.e. by means of a money payment to restore to the plaintiff what he has lost as the result of the wrong. The assessment of damage is a specialize work and it is assessed differently for the damages of personal injury and for the damages of the loss of property.