What is one of the defences to an allegation of negligence?

One of the defences to an allegation of negligence is the absence of a doctor-patient relationship. In the context of negligence claims, establishing that a duty of care is owed is fundamental. If a healthcare provider did not have an established relationship with the patient, they may not be held liable for negligence since there is no legal obligation to act in the patient's best interest.

Without a doctor-patient relationship, the physician cannot be considered responsible for the care or decisions made regarding the patient’s health, which negates the potential for any claims of negligence. This is significant because the key elements of negligence include the existence of a duty of care, a breach of that duty, and an injury suffered as a result. If the relationship does not exist, there's no foundation for the other elements related to negligence claims to stand upon.

The other options touch on elements related to negligence but do not serve as defenses in the same way. For instance, even if a plaintiff had full decision-making capacity, that does not negate the responsibility of the healthcare provider if negligence can be established. Similarly, just because a duty of care is owed does not constitute a defense against negligence allegations; it serves as a premise for affirming liability. Lastly, breach of contract is