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)
