What is the standard of care for a plaintiff in a medical malpractice case?

The traditional Donoghue v. Stevenson formulation can be challenging to apply when a party has been subject to a regulatory regime and seeks to apply the standard of care to public administrative actors. There is no equivalent relationship between private parties. It can be difficult for a court to determine what a reasonable course of conduct is for an administrative regime. The court must delve into understanding the legislative responsibilities, powers and obligations of the administrative body. To do that, the pleading must disclose: • which legislative responsibility, power or obligation is being referred to • who is empowered in relation to it, and • to whom the duty is alleged to have been owed