A professional person such as an doctor or surgeon will be judged by the standards commons in his profession. If a mistake has been made and if an appropriately qualified and experienced person taking reasonable care would not have made the mistake, then the professional person will be liable in negligence. To establish what are reasonable standards in the profession, either plaintiff or defendant can call an eminent practitioner to give evidence in Court as an Expert Witness. The Expert Witness can be asked whether, in his opinion, such and such acts would be good medical practice. The following are examples of instances where a duty of care is implied.
Every employer is obliged to provide a safe system of work.
It must minimise the risk of injury to employees. If the employer does not do so, he is liable in negligence. For example, if a hospital ward is not kept free of obstructions in the proper manner and an employee injures himself because of this, the employer will be liable. The same will be true if a patient injures himself. An occupier of land or buildings is liable if someone comes onto the land or buildings and is injured because of the occupier's negligence.