When someone sues a medical care provider for malpractice, it is critical that they can establish a duty of care. Not all medical workers in a facility are going to have a duty of care to that patient. Only by establishing this relationship can the patient actually seek compensation through a medical malpractice case.
There are different ways that the relationship can begin, depending on the situation. For instance:
- A medical services provider accepts a patient who is admitted to the hospital or the emergency room.
- A primary care physician takes on a patient and sets up an initial appointment.
- A medical care provider is responsible for looking over a patient’s records and making a decision, such as reviewing the results of CT scans or examining their medical records.
- A medical professional performs a specific type of treatment, such as administering a test, carrying out surgery or administering medication.
- A medical worker, in a consultant capacity, provides an expert opinion about the patient.
Both individual medical care workers and institutions, such as hospitals, can have a duty of care to a patient.
Why is this important for your defense?
If you have been accused of medical malpractice, it is important to consider this duty of care when establishing your defense.
After all, you may not deny that the patient had a substandard outcome or experienced a negative event. You may not even deny that there was an element of negligence that led to the harm the patient suffered.
However, you may certainly contest that you did not have a duty of care to that patient and therefore cannot be held responsible for the results. In this sense, it is a crucial part of your defense strategy, even if it is clear that medical malpractice did occur. You were not necessarily responsible or liable for those damages.
If you find yourself going through a complex medical malpractice defense case, it can be helpful to work with an experienced attorney.
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