Submit, that when a patient presents or is brought to emergency, the request for care should be presumed to be urgent. The most common components of the doctors duty of care to a patient are the duty to attend, diagnose, refer, treat and instruct. The duty to diagnose requires doctors to take a full history, use appropriate tests and consult or refer if necessary. They must take reasonable care to detect signs and symptoms and formulate a diagnosis using good judgement. They cannot act only on what they are told nor can they ignore what they are told. The court then looks for evidence of considered medical judgement reflected in planning for the particular patients care and safety . * taken from the text Legal Liability of Doctors and Hospitals in Canada, by Picarde & Robertson, 3rd ed., Carswell-1996.