Journal of Public Health and Nutrition

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Journal of Public Health and Nutrition 44 7897 074717

Clinical Negligence

The implications of this for those in primary care are that the standard against which one is judged is that of one's own peers - not that of the wisest and most prudent doctor who exists and not that of a hospital consultant who may carelessly venture opinion as to the management in general practice. By the same principle, the persons who give evidence to the Court about the standards in general practice can only be general practitioners who were practising at the time of the case. A doctor is not guilty of negligence if he or she has acted in accordance with a practice accepted as proper and responsible by a responsible body of medical practitioners skilled in that particular art. Putting it the other way around, a doctor is not negligent if he or she is acting in accordance with such a practice merely because there is a body of opinion which takes the contrary view.

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