Ius est ars boni et aequi.

Prawo jest sztuką tego, co dobre i słuszne.


Sunday, 25 October 2015

legal word of the day: THE STANDARD OF CARE

legal word of the day: THE STANDARD OF CARE

ENG: degree of care an ordinary, reasonable, and prudent person would exercise in given circumstances
POL: oczekiwany stopień staranności

REASONABLE – rozsądny (here: rational, also: appropriate, ordinary, usual)
PRUDENT – roztropny, rozważny (avoiding risks and uncertainties; careful)
to EXERCISE – zachować (to use)

(1) The medical malpractice plaintiff must establish the appropriate standard of care and demonstrate that the standard of care has been breached, with expert testimony.

MEDICAL MALPRACTICE – błąd w sztuce lekarskiej (improper, unskilled, or negligent treatment of a patient by a physician, dentist, nurse, pharmacist, or other health care professional)
A PLAINTIFF – powód (he who, in a personal action, seeks a remedy for an injury to his rights)
to ESTABLISH THE APPROPRIATE STANDARD OF CARE –  ustalić stosowny w danej sytuacji stopień staranności (to find and agree what standard of care a certain person should have met in a given situation)
to BREACH THE STANDARD OF CARE – nie zachować oczekiwanego stopnia staranności (to fail to meet the standard of care, to be negligent)
EXPERT TESTIMONY – opinia biegłego  (testimony about a scientific, technical, or professional issue given by a person qualified to testify because of familiarity with the subject or special training in the field.

(2) The courts are prepared to lower the standard of care expected of children, on account of their age. A child defendant is expected to meet the standard of a reasonable child of the same age.

ON ACCOUNT OF – z racji, ze względu (because of)
a DEFENDANT – pozwany, oskarżony (the party sued in a civil lawsuit or the party charged with a crime in a criminal prosecution)

(3) In certain industries and professions, the standard of care is determined by the standard that would be exercised by the reasonably prudent manufacturer of a product, or the reasonably prudent professional in that line of work.

(4) Someone who does DIY jobs repairing their own house is expected to show the same standard of care as a reasonably skilled amateur in the particular trade involved. However, they are not required to reach the standard of a professional.

(5) A recipient of pro bono services is entitled to expect the same standard of care as a person who pays for the same services.

PRO BONO – nieodpłatne (free of charge)
to BE ENTITLED TO – być uprawnionym (to have the right to)

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