What is the Standard of Care?
The standard of care is a legal measure that asks:
"What would a reasonably competent person have done in the same situation?"
For the average individual, this standard reflects what a reasonable person would consider appropriate. For professionals, however, the standard is higher, reflecting the expertise and training expected in their field. For example:
A doctor is judged by the standards of a competent doctor practising in the same specialty.
Non-medical professionals offering aesthetic treatments are judged by what a suitably trained and qualified practitioner in their position would reasonably do.
Medical Standard of Care: Key Principles
In medical negligence cases, the standard of care has been shaped by significant legal rulings, particularly Bolam v. Friern Hospital Management Committee (1957) and Bolitho v. City and Hackney Health Authority (1997):
The Bolam Test: A practitioner is not negligent if their actions align with a responsible body of professional opinion, even if others disagree with that approach. This recognises that different methods may meet the standard of care.
The Bolitho Principle: The opinion relied upon must be logical and defensible. Courts can reject professional opinion if it is not based on sound reasoning.
Standard of Care in Non-Medical Aesthetic Practice
As non-surgical procedures gain popularity, more non-medical practitioners are entering the field, bringing the standard of care into sharp focus.
While non-medical practitioners may not have the same qualifications as doctors, they are still required to act within the limits of their training and follow industry guidelines. Key expectations include:
Proper Training and Certification: Practitioners must have adequate training and credentials for the treatments they offer.
Detailed Consultations: Clients must be fully informed about risks, benefits, and realistic outcomes, enabling them to give informed consent.
Product Safety: Only approved, high-quality products should be used, with proper handling and storage.
Managing Complications: Practitioners must be able to identify complications and take appropriate action, including referral to a medical professional if necessary.
Evaluating Breaches of the Standard of Care
In negligence claims, courts consider whether the actions of the defendant met the expected standard of care. Factors they look at include:
Was the individual adequately qualified and trained?
Did they follow recognised industry guidelines and protocols?
Were foreseeable risks appropriately managed?
If the defendant’s actions fall below what is reasonably expected, they may be found to have breached the standard of care.
Conclusion
The standard of care ensures that individuals and professionals act responsibly, prioritising safety and competence. In both medical and aesthetic contexts, it provides a framework for evaluating whether harm could have been avoided. Whether the claim involves a doctor or a non-medical practitioner, the principles remain the same: to act reasonably, competently, and in the best interests of the patient or client.