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  • Essay / Negligence Tort Essay - 958

    Thus, the objective standard of care will vary from case to case. There are cases where the standard of care and skill is higher because the defendant is a member of a particular profession or claims to possess certain skill sets. However, in such cases also, the court uses the objective standard of care test, where the court applies a standard of care that would be expected of a prudent member of the same profession or a prudent person possessing the same skills as the defendant. . The next set of cases will demonstrate how the common law has successfully applied the objective standard of care to various circumstances or types of defendants to ensure that the standard of care is not a technical standard but something that can be molded with flexibility to accommodate different types of defendants. situations. In medical negligence cases, courts have applied the objective standard of care to hold the defendant liable for negligence if his or her conduct or actions do not meet the standard of care that would be applied by reasonable or prudent members of the profession. In Bolam v Friern Hospital Management Committee, the court established what is known as the “Bolam test”. This applies to defendants who are professionals and the purpose of the test is to apply the objective standard of care to the defendant based on the