All doctors have a duty of care to uphold certain standards when treating patients.
In a medical setting, the duty of care refers to a doctor’s responsibility to their patients. Any actions that do not uphold this duty of care are generally considered negligent. When negligence leads to adverse outcomes for a patient, the doctor can be liable for any damages that result.
A doctor’s failure to uphold the duty of care can give rise to a medical malpractice claim, especially if the patient can prove that the doctor’s failure led to injury or other economic or non-economic harm. For help understanding duty of care and medical malpractice law, contact Medical Malpractice Help today. Our attorneys offer free case evaluations to victims of medical negligence across the U.S. Call 888-261-5614 today.
How to Establish a Duty of Care
A doctor owes a duty of care to a patient when a doctor-patient relationship exists between them. If a person asks for and receives advice about an ankle sprain from a random doctor in an elevator, no duty of care governs that exchange, as the advice was not given within the context of a doctor-patient relationship.
A doctor-patient relationship is established when a patient voluntarily seeks treatment from a particular doctor and enters into an agreement to receive care from that physician. If any of the following facts are true, there was likely a doctor-patient relationship—and thus a duty of care—in the case:
- The patient voluntary selected the doctor for treatment.
- The patient submitted to treatment, care, or examinations by the doctor to address an ailment or medical condition.
- The patient’s treatment by the doctor was ongoing.
A doctor’s duty of care to a patient covers the time during which the relationship existed. If either party terminates the relationship at any point, the doctor does not have a duty of care toward the patient any longer. This is why it is critical for patients to retain all records from their various doctors in case they ever need to prove that a doctor-patient relationship existed.
How to Determine If a Doctor Violated the Duty of Care
To qualify as medical malpractice, the plaintiff must show the doctor breached their duty and violated the standard of care. Proving a violation requires showing that the doctor’s actions—or lack of action—failed to uphold the “reasonable person” standard.
The Reasonable Person Standard
The reasonable person standard compares the doctor’s behavior to what we would expect from another doctor faced with the same situation.
For example, imagine a patient goes to the doctor for persistent abdominal pain. The patient’s condition turns out to be appendix cancer. However, the patient does not discover this until months later, as the initial doctor misdiagnosed the appendix cancer. If another doctor would have correctly diagnosed the cancer and started treatment, the defendant likely violated their duty of care.
Call 888-261-5614 to Schedule a Free Case Evaluation With a Medical Malpractice Lawyer
If you believe your doctor breached their duty of care to you, the legal team at Medical Malpractice Help wants to help you pursue the compensation you deserve for your damages. Our medical malpractice lawyers offer free initial consultations and case evaluations. To schedule an appointment, call our office at 888-261-5614.
Duty Of Care - Frequently Asked Questions
There is a statute of limitations on medical malpractice cases in Florida. According to F.S. §95.11(4)(b), victims must file a lawsuit within two years from the time of the malpractice incident—or two years from the time the incident was discovered. To speak with a medical malpractice lawyer in Florida about the statute of limitations in your
Read More
Traumatic brain injuries, known as TBIs, are a type of brain injury that can lead to brain damage. All TBIs are brain injuries, but not all brain injuries occur because of traumatic events. There are other types of brain damage that can leave the person with temporary or permanent impairments. He or she may require
Read MoreDuty Of Care - News Articles
Last year, The Missouri Supreme Court struck down a legislative cap set on the amount awardable for “pain and suffering” in medical malpractice suits, ruling that the cap violated a patient’s right to a jury trial, according to the St. Louis Post-Dispatch. The cap was originally set at $350,000 and was established in 2005. Recently,
Read More
In the beginning of 2008, Robert Jackson Miller III, an ivy-league graduate and successful architect based out of New York City, went to a dermatology appointment for a routine checkup. He had recently co-founded Miller & Wright Architects and his work had already been featured in Architectural Digest, the New York Times, and the Wall
Read More