Negligence of Children in Delict vs. Negligence of Doctors in Delict

Attribute	Negligence of Children in Delict	Negligence of Doctors in Delict
Standard of care	Child's standard of care is that of a reasonable child of the same age and experience	Doctor's standard of care is that of a reasonable doctor in the same specialty
Duty of care	Children owe a duty of care to others based on their age and capacity	Doctors owe a duty of care to their patients based on their professional expertise
Breach of duty	Children breach their duty by failing to act as a reasonable child would in the same circumstances	Doctors breach their duty by failing to meet the standard of care expected of a reasonable doctor
Causation	Children's negligence must be the cause of harm suffered by the plaintiff	Doctor's negligence must be the cause of harm suffered by the patient

Introduction

Delict is a legal term that refers to a civil wrong or injury caused by one party to another. Negligence is a common type of delict that occurs when someone fails to exercise the level of care that a reasonable person would in a similar situation. In this article, we will compare the attributes of negligence of children in delict with negligence of doctors in delict.

Negligence of Children in Delict

Children are held to a different standard of care when it comes to negligence in delict. The law recognizes that children do not have the same level of maturity and understanding as adults, so they are not held to the same standard of care. Instead, children are judged based on what a reasonable child of the same age, intelligence, and experience would do in a similar situation. This is known as the "reasonable child standard."

When a child's actions result in harm to another person, the court will consider factors such as the child's age, intelligence, and experience in determining whether they were negligent. For example, a 5-year-old child may not be held responsible for accidentally knocking over a vase in a store, whereas a 15-year-old may be held responsible for causing a car accident due to reckless driving.

It is important to note that parents or guardians can be held liable for the actions of their children in certain circumstances. If a child's negligence results in harm to another person, the injured party may be able to seek compensation from the child's parents or guardians. This is known as vicarious liability.

Negligence of Doctors in Delict

Doctors are held to a higher standard of care when it comes to negligence in delict. As professionals with specialized training and expertise, doctors are expected to provide a certain level of care to their patients. When a doctor fails to meet this standard of care and a patient is harmed as a result, the doctor may be held liable for medical negligence.

In order to prove medical negligence, the injured party must show that the doctor breached their duty of care by failing to act in a manner that a reasonable doctor would in a similar situation. This breach of duty must directly result in harm to the patient. Examples of medical negligence include misdiagnosis, surgical errors, medication errors, and failure to obtain informed consent.

Unlike children, doctors are held personally liable for their own negligence in delict. This means that if a doctor is found to have committed medical negligence, they may be required to compensate the injured patient for damages such as medical expenses, lost wages, and pain and suffering. In some cases, doctors may also face disciplinary action from their licensing board.

Comparison of Attributes

While both children and doctors can be held liable for negligence in delict, there are key differences in how their actions are judged and the consequences they may face. Children are judged based on the "reasonable child standard," taking into account their age, intelligence, and experience. Parents or guardians may also be held vicariously liable for their children's actions.

On the other hand, doctors are held to a higher standard of care due to their professional training and expertise. They are expected to provide a certain level of care to their patients, and failure to do so may result in medical negligence. Doctors are personally liable for their own negligence and may face legal and professional consequences for their actions.

In conclusion, while negligence in delict can apply to both children and doctors, the standards of care and consequences differ significantly between the two. Understanding these differences is important for determining liability and seeking compensation in cases of negligence.