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Paper title
THE LEGAL IMPLICATION OF DUTY OF CARE TO THE MEDICAL PROFESSION IN HANDING COVID-19 PATIENTS

Paper author
ONWUKA TOCHI CHUKWUDI

Author Email
[email protected]

Abstract
Medical professionals owned their patients duty of care in the course of their services. It is an established law that this duty of care must be discharged with a degree of skill and competence in which an average practitioner of the profession under similar circumstances would use. However, most of the medical practitioners in the course of discharging their duties does not adhere strictly to their professional code of conducts hence, medical negligence arises where the degree of care is not observed. This negligence is seen on the tortious principle of negligence as propounded by Lord Atkin in the 1932 case of Donoghue V Stevenson. Liability may arise for example for criminal assault or causing grievous bodily harm. Besides, in the course of treatment of a patient, and due to some form of negligence on the part of the medical practitioner, the patient suffers some gross or extreme harm or death, meaning disregard for life and safety; liability will arise under criminal negligence. This paper has examined the effect of legal implication when a medical professional breach the duty of care in handling a Covid-19 patients. The article clarified key concepts used, explored briefly the history of Covid- 19 and discussed conceptual clarification of terms. There was also an appraisal of certain implicated rights of Covid-19 patients. The paper recommended that the concept duty of care be over-emphasized among medical professionals and suggested that a legal steps be taken against violators. Keyboard: Covid-19, Duty of Care, Medical Practice, Legal Implication, Law


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