ABSTRACT
Although it might be trite to say that a doctor owes a duty of care to his patient, it is not so simple to state precisely when the relationship of doctor and patient begins. This is important because it is equally true to say that a doctor is under no legal obligation (whatever the moral or ethical position) to render assistance by way of examination or treatment to a stranger. This stems from the ‘mere omissions’ rule: one who chooses to act must do so carefully so as to avoid inflicting harm on others; but, as a general rule, the tort of negligence does not compel a person to take positive steps to confer a benefit on others. There is no legal obligation to rescue someone in danger, even if rescue would involve little or no effort and no danger to the rescuer. A ‘stranger’ for these purposes is a person with whom the doctor is not and has never been in a professional doctor-patient relationship. Clearly, if such a relationship does exist a doctor may be liable for failure to attend or treat the patient, just as much as for careless treatment.
