One of the key elements of a medical malpractice claim is the duty of care that a doctor owes. If they owe that duty and they breach it, either through negligence or intentional action, then the person who suffered harm may be able to sue for medical malpractice.
But when does the doctor have a duty of care? Only when that individual is their patient and a professional relationship exists between the two. They then have a duty to prioritize the patient’s best interests because of that relationship.
Why does this make a difference?
This is so important because the duty of care has to be established first, allowing the case to move forward. It may not always exist.
For example, say that someone is choking in a restaurant. There is a doctor in another part of the restaurant who sees the commotion happening. If they don’t help the person, it’s not an example of medical malpractice. That person is a medical professional who could have helped, but they have no obligation to do so because there’s no doctor-patient relationship.
However, when a doctor is assigned to someone’s case in the hospital, the relationship is established, and the duty of care comes with it. This doctor then has to be attentive to the patient’s needs and work to uphold the expected standard of care.
The same applies to registered nurses (RNs) and other medical professionals. They can only be accused of medical malpractice when they were supposed to provide care to that specific patient and failed to do so.
Filing a claim
Do you believe you have suffered harm due to medical malpractice? If so, be sure you understand exactly what legal steps you can take to file your claim.
