When does failing to obtain collateral history breach a nurse's duty of care?

Liability for carelessness is given its legal expression in the law relating to negligence (Bolam v Friern HMC [1957]). Negligence has evolved in English law as a civil wrong or tort, with judges establishing rules through precedent. To succeed in a negligence claim, three key elements must be established (Whitehouse v Jordan [1981]):

Legally, individuals are not generally required to exercise care toward others unless a specific duty situation exists. However, in certain situations, called duty situations, the nature of the relationship gives rise to a duty of care. The courts rely on previous cases to guide them as to when a duty of care arises.

In English law, the nurse-patient relationship inherently creates a duty of care (Kent v Griffiths & Others [2000]). This is a duty to be careful, to take care and not to harm the patient through careless acts or omissions.