Lawyers representing plaintiffs in medical negligence cases often ask doctors about their having taken the Hippocratic Oath. They want to gain a simple concession from the physician that they swore to uphold the principle of “primum non nocere,” which means “first do no harm.”

The concept that an oath can give rise to a duty, in and of itself, is not the problem. The problem with this line of questions is how plaintiffs try to elevate doing “no harm” to either the primary duty, or to some form of strict liability.

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