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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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