duty of care

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Related to ordinary care: Standard of care

duty of care

The legal obligation that a person may be owed by another with whom the person has no formal contractual obligation. The concept of duty of care arose in Donoghue v Stevenson, a common law case decided in 1932 in the House of Lords. In medicine, proof of negligence requires that the allegedly negligent party had undertaken an activity which could reasonably harm the plaintiff and that the defendant owed the injured party a duty of care.

duty of care

The legal and moral obligation to act responsibly and prudently, e.g., to avoid taking actions that one may foresee as being potentially hazardous to others.

duty of care,

n the extent to which a healthcare provider must reasonably ensure that no harm comes to a patient under the provider's care.
References in periodicals archive ?
1st DCA 2007) ("[R]educing the time period in which Putnal was required to notify the bank of problems or unauthorized transactions from [one] year to 60 days also does not absolve the bank of its duty to exercise ordinary care.
46) Rather than ordinary care, the standard of care for a common carrier is "the greatest possible care and diligence.
On appeal to the Illinois Supreme Court, Lessaris contended that the statute did not impose a duty of ordinary care on a "captive insurance agent" to procure a specific type or amount of coverage for a client.
upon, in the first instance: whether ordinary care was taken.
As an educated consumer and nurse, I now use online tools to search for the best price for better care at lower costs for my ordinary care.
Next, in determining that Ralphs was not entitled to a categorical exemption from the duty of ordinary care, the court examined the foreseeability of harm to the plaintiff and evaluated whether the category of negligent conduct at issue was sufficiently likely to result in the kind of harm experienced.
Thus, the court concluded that because the complaint included claims that the defendants were negligent as to both the medical treatment and the ordinary care provided the decedent, the trial court erred by granting the defendants' motion for partial summary judgment on the grounds that the gravamen of the suit sounded in medical malpractice.
Whether investigating the precepts of the natural law, extraordinary versus ordinary care, or relational responsibility, neither historical nor contemporary moral theology ever swerves far from either medical or sexual ethics; thus, the essays of part 2 engage the tradition on topics such as the moral status of the human embryo, contraception, sexual complementarity, and homosexuality.
The central distinction is one that holds parties in gratuitous transactions only to the standard of care that they bring to their own affairs, while insisting on the higher objective standard of ordinary care in commercial transactions.
One can think of gross negligence as aggravated negligence, involving: more than mere mistake, inadvertence, or inattention, and representing highly unreasonable conduct, or an extreme departure from ordinary care where a high degree of danger is apparent (Prosser, W.
Thus, not surprisingly, companies struggle to determine what duty is owed and what constitutes "reasonable" or ordinary care.
over a 2004 talk by Pope John Paul II in which he said nutrition and hydration, even by artificial means such as feeding tubes, should generally be considered ordinary care and not extraordinary medical treatment.