Define: Extraordinary Care

Extraordinary care refers to a higher level of care or attention that is required in certain situations, typically when dealing with vulnerable individuals or high-risk activities. It goes beyond the standard duty of care that individuals owe to others.

Extraordinary care is necessary when there is a special relationship between the parties involved, such as a doctor-patient relationship or a caregiver-patient relationship. It may also be required in situations where there is a foreseeable risk of harm, such as in hazardous occupations or when dealing with dangerous substances.

Failing to provide extraordinary care can result in legal liability. If harm or injury occurs due to a failure to meet the required level of care, the responsible party may be held accountable and may be required to compensate the injured party for damages.

The determination of extraordinary care depends on the specific circumstances of each case. Courts consider factors such as the nature of the relationship between the parties, the foreseeable risks involved, industry standards, and any applicable laws or regulations.

In some cases, individuals may still be held liable for not providing extraordinary care even if they were not aware of the specific risks involved. The standard of care expected is often based on what a reasonable person would have known or done in similar circumstances.

While a waiver or consent form may provide some level of protection, it does not absolve a person or entity from their duty to provide extraordinary care. Courts may still consider the circumstances and determine if the level of care provided was reasonable and met the required standard.

Some potential legal defences for not providing extraordinary care may include lack of foreseeability, contributory negligence on the part of the injured party, or an emergency situation where it was not possible to provide the required level of care.

Following industry standards is an important factor in determining the level of care expected. However, simply adhering to industry standards may not always be sufficient to meet the requirements of extraordinary care. Courts may consider additional factors and circumstances to determine if the level of care provided was reasonable.

While acting in good faith is a positive factor, it does not automatically absolve a person from liability for not providing extraordinary care. The focus is on whether the level of care provided was reasonable and met the required standard, regardless of the person’s intentions.

In certain cases, the failure to provide extraordinary care may result in criminal charges, particularly if it involves intentional or reckless conduct that causes serious harm or death. However, criminal charges are typically reserved for extreme cases and require a higher burden of proof than civil liability.