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
A person with locked-in syndrome can communicate, but it is exceedingly difficult, as they cannot talk or move any part of their body other than their eyes. To convey their thoughts or ideas, they must rely on eye movement patterns, and others must learn to read these patterns and understand them. This process can be
Read More
The damages you can recover in a medical malpractice case compensate you for the harm you suffered because of a healthcare professional’s medical negligence. Although some states use damage caps to limit the amount of money you can get, several types of damages are usually awarded in a medical malpractice case. These include economic and non-economic damages.
Read MoreDuty Of Care - News Articles
According to a recent article in the New York Times, some of the city’s busiest hospitals are practicing a disturbing new trend when it comes to protecting themselves from mistakes. Many hospitals have reduced the amount of medical malpractice insurance coverage that they pay for, and some facilities are even completely forgoing malpractice insurance. Because
Read More
Last week around 30 outraged Kolkata citizens violently attacked a hospital in India after the death of Kuheli Chakraborty, a four-month-old infant. The enraged mob reportedly cracked the glass doors at the entrance of the facility prompting police intervention to break up the protesters. Kuheli’s parents allege that if not for the negligence of doctors
Read More