The Griffiths v Kerkemeyer principle does not extend to compensate an injured plaintiff for loss of capacity to provide gratuitous domestic services to others; such loss, if suffered by anyone, is suffered by the recipients of those services. A medical practitioner who becomes aware of a potential claim is not under a fiduciary or contractual duty to inform the patient that the professional indemnity insurer has been notified, provided the practitioner facilitates a smooth transition of care to another practitioner. Courts should not be quick to find contributory negligence against patients who have placed themselves in the hands of competent medical practitioners.
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