ABSTRACT
The scope of duty test for determining liability in cases of clinical negligence is, as confirmed in Meadows v Khan [2022] AC 852, governed by the purpose of the duty, which is in turn determined by the risks of harm against which the doctor has the duty to guard. While Meadows made clear that the focus is on the purpose of the service undertaken by the doctor, it seemingly did not clarify from whose perspective the interpretation of ‘purpose’ should be considered. This article examines how this lack of clarity gives rise to potential tension and challenges in future clinical negligence cases. The author suggests that the perspective of the patient, balanced against the doctor’s professional skill, judgment, and knowledge of the risks, is the most appropriate standard for interpreting the ‘purpose’ of the service. This article will illustrate how this approach could resolve the tension and challenges as identified.
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Chen Meng Lam, The continued search for clarity on the scope of a doctor’s duty of care, Oxford University Commonwealth Law Journal. Published online: 30 October 2025.
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