ABSTRACT
Commentary Departing from an approved, accepted practice is in itself not negligent. As the reader will have observed, if the defendant conforms with accepted practice, legally he may escape liability. If he departs from the approved practice, he will not be negligent if he can justify his actions, but if he cannot justify his departure from the accepted practice the claimant should have little difficulty in establishing negligence. The negligent performance of an approved practice will also constitute a departure. Generally, the more serious the resulting damage, the more difficult it will be for the defendant to justify his actions. The rationale behind these comments is that the medical profession should not be discouraged from trying new innovative techniques and that the development of medical science should be encouraged.
