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Ep 83: Scope of Duty and Causation: Chester v Afshar revisited - Part 2

Law Pod UK

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Why Is a Doctor's Duty Not to Give Information When Doctors Are Giving Advice?

Lord hofpen is the example of a mountaineer about to undertake a difficult climb, concerned about the fitness of his knee. The injury has not been caused by the doctor's bad advice, because it would have occurred even if the advice had been correct. An imposing liability would offend common sense as there would not be sufficient causal connection with the subject matter of the duty. There is no reason and policy to transfer the risk on to the doctor of all the foreseeable consequences of the expedition.

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